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Supreme Court Bars EFCC From Prosecuting Govs For Corruption
Supreme Court has described as illegal, the prosecution by the Economic and Financial Crimes Commission (EFCC) of state governors who allegedly engaged in corrupt practices while in office.
The court, which also held that the EFCC has no power to look into the finances of state governments, removed the powers of the agency to prosecute a governor who stole money from his state and also barred the anti-corruption agency from investigating state governments’ contractors or anybody that was complicit in stealing or embezzlement of state money.
The ruling delivered last week by the apex court in Abuja, has therefore, given a reprieve to former Abia State Governor, Senator Orji Uzor Kalu; former Imo State Governor, Senator Rochas Okorocha; and other state governors that are currently under prosecution by the anti-graft agency for allegedly stealing their states’ money while in office.
A former Governor of Nasarawa State and the current National Chairman of the ruling All Progressives Congress (APC), Senator Abdullahi Adamu, is also being prosecuted by the EFCC over alleged illegal financial dealings and misappropriation of public funds.
Former President Olusegun Obasanjo’s administration established the EFCC in 2003, in response to pressure from the Financial Action Task Force on Money Laundering (FATF), which named Nigeria as one of 23 countries that were non-cooperative in the international community’s efforts to fight money laundering, fraudulent banking transactions, miscellaneous offences, advance fee fraud, and other criminal acts that were financial and economic in nature.
The agency also strives to put an end to any act that breaks the penal and criminal codes.
However, in the suit numbered SC/CR/161/2020 and filed by Joseph Nwobike, SAN, against the Federal Government, the Supreme Court held that the EFCC, being a creation of federal law, does not have the powers to prosecute offences that were not corruption cases, and that the only corruption cases it can investigate are cases involving the movement of cash from Nigeria to foreign countries and corruption cases involving federal finances.
The governors, according to the ruling, can only be prosecuted by the attorney general of the state or the Nigerian police, or any other agency that was covered by the Criminal Code, Penal Code, or any other law.
With this development, the EFCC can no longer cite Sections 12 to 18, and Section 46 of the EFCC Amended Act 2004 in the prosecution of all kinds of cases whether emanating from the state or Federal Government, as its powers are regulated by the global action against corruption as regulated by the United Nations conventions which Nigeria is a signatory to.
The ruling also forbids the Federal Government from using the EFCC to control the governors of a state, and also to persecute any politician that was not in its good book.
The ruling also gives states liberty to make their own laws to establish anti-corruption agencies to deal with corruption cases emanating in the states, though the Criminal Code and Penal Code have provisions that deal with corruption.
Also, the ruling voided the powers of the EFCC to prosecute some former governors who are placed on travel watch list and their children that are also being investigated for corruption.
By virtue of the Criminal Code Law of Abia State, the police or the attorney general of Abia State are now empowered to prosecute those former governors and their children for stealing Abia State money.
Also, in states like Imo State where the sitting governor believes that former Governor Rochas Okorocha stole from Imo State, the police can investigate Okorocha and prosecute him in the state High Court for stealing the state money, if the investigation reveals that he stole money.
However, the powers of nolleprosequi of the attorney general of the state under Section 179 of the Constitution of Nigeria 1999 and under the Criminal Code and Penal Code are still supervening and all-embracing.
EFCC, which Act was re-enacted in 2004, had docked a number of governors either at the end of their first term, the second term or were impeached over one corruption charge or the other.
By the time they completed their first and second tenures in office in 2003 and 2007, respectively, the anti-graft agency began to dock Joshua Dariye (Plateau), Jolly Nyame (Taraba), AbubakarAudu (Kogi), SaminuTuraki (Jigawa), Orji UzorKalu (Abia), AyodeleFayose (Ekiti), ChimarokeNnamani (Enugu), James Ibori (Delta), and Lucky Igbinedion (Edo), beginning with DiepreyeAlamieyeseigha (Bayelsa) in 2005.
Subsequently, BoniHaruna (Adamawa), RasheedLadoja (Oyo), and Michael Botmang (Plateau), AttahiruBafarawa (Sokoto), Ahmed Sani (Zamfara), Peter Odili (Rivers), AdamuAbdullahi (Nasarawa), Ibrahim Shekarau (Kano), DanjumaGoje (Gombe), IkediOhakim (Imo), SuleLamido (Jigawa), Timipre Sylva (Bayelsa), MurtalaNyako (Adamawa), Gabriel Suswam (Benue), Martin Elechi (Ebonyi), Obong Victor Attah (AkwaIbom), Gbenga Daniel (Ogun), Jolly Nyame (Taraba), Adebayo Alao-Akala (Oyo) followed.
Former governors that were marked for prosecution by other anti-graft agencies like the Independent Corrupt Practices Commission (ICPC) and the Code of Conduct Tribunal (CCT), include Senator BukolaSaraki, Senator Bola Tinubu, and ex-President Goodluck Jonathan (as the then governor of Bayelsa State).
This followed the resolve of the Joint Task Force empanelled by former President OlusegunObasanjo in June, 2006, comprising of ICPC, EFCC, CCB, the Department of State Services (DSS), and the Nigerian Police headed by Ribadu which named 15 former governors found to have breached the code of conduct for public officials and recommended them for prosecution in line with the Code of Conduct Bureau Act.
Those listed were James Ibori (Delta), Lucky Igbinedion (Edo), Ayo Fayose (Ekiti), BoniHaruna (Adamawa) Olugbenga Justus Daniel (Ogun), OlagunsoyeOyinlola (Osun), AdamuAliero (Kebbi), AtahiruBafarawa (Sokoto), Ibrahim SaminuTuraki (Jigawa), Ahmad Makarfi (Kaduna), Goodluck Jonathan (Bayelsa), ChimarokeNnamani (Enugu), AchikeUdenwa (Imo), Sam Egwu (Ebonyi), And Bola Tinubu (Lagos).
News
RSG Cancels ?134BN Secretariat Contract, Orders Refund Of ?20BN Mobilisation … Revalidates Four Projects
The Rivers State Executive Council has revoked the ?134bn contract awarded to the China Civil Engineering Construction Corporation (CCECC) for the renovation, retrofitting, and furnishing of the Rivers State Secretariat Complex by the State of Emergency Administration.
The council directed the immediate refund of the ?20bn mobilization fee already paid to the contractor.
Relatedly, the Council also approved the revalidation of the bidding processes for four contracts, consisting of the renovation of the State Secretariat Complex, construction of reinforced concrete shoreline protection and reclamation works in several riverine communities of Opobo/Nkoro, and Ogba/Egbema/Ndoni Local Government Areas. The projects earlier advertised for which bid documents were cancelled by the Emergency Administration and fees returned to the companies that had earlier purchased them.
The decisions were reached during the State Executive Council meeting held on Thursday at the Government House, Port Harcourt, and presided over by Governor Siminalayi Fubara.
Briefing newsmen, the Permanent Secretary, Ministry of Works, Dr. Austin Ezekiel-Hart explained that the contracts had been awarded in a hasty manner without following due process. He said the council, therefore, approved the revalidation of the bidding process for all four contracts that were earlier advertised in national dailies on February 19, 2025.
With the revalidation process now on, Dr. Ezekiel-Hart stated that a fresh bidding will be advertised in newspapers for competent and experienced contractors to prequalify and submit both technical and commercial bids.
He listed the projects to include, “The construction of 4.8km reinforced concrete shoreline protection and reclamation of Queenstown, Epellema, Oloma, and Minima communities in Opobo/Nkoro Local Government Area in Rivers State. The construction of 2.5km shoreline protection and reclamation in Ndoni-Onukwu, Isikwu, and Aziazagi communities in Ogba-Egbema-Ndoni Local Government Area.
“The construction of 2.5km shoreline protection and reclamation in Utuechi, Obiofu, Isala, Ani-Eze, and Odugri communities in Ogba-Egbema-Ndoni Local Government Area. The renovation, retrofitting and furnishing of the Rivers State Secretariat Complex,” he added.
Also speaking, the Permanent Secretary, Ministry of Education, Dr. Azibaolanari Uzoma-Nwogu, announced that the council approved the constitution of a committee to develop a proposal for the creation of Computer-Based Test (CBT) Centres and ICT Laboratories across the three senatorial districts of the state.
She explained that the initiative is in line with the Federal Government’s directive that beginning in 2026, all examinations conducted by the West African Examinations Council (WAEC) and the National Examinations Council (NECO) will be computer-based.
The committee, chaired by the Deputy Governor, has the Secretary to the State Government, Permanent Secretaries from the Ministries of Education, Works, Information and Communications and Commissioner for Energy as members. Dr. Uzoma-Nwogu said the move will prepare Rivers youths for a digital future and improve the quality of education across the state.
On issues of employment, the Commissioner for Employment Generation and Economic Empowerment, Dr. Chisom Gbali, said the council reviewed ongoing efforts to create jobs for Rivers youths. He disclosed that his ministry has been directed to develop a framework for job creation and economic empowerment, noting that the government is determined to open up more opportunities for the young population.
“We want to assure Rivers youths that there will be a rising tide of employment and steady waves of economic empowerment,” Dr. Gbali said. “We know our Governor, when he makes a promise, he ensures it is fulfilled.”
On his part, the Permanent Secretary, Ministry of Information and Communications, Dr. Honour Sirawoo, said council also deliberated extensively on the recent flash floods experienced in some parts of the state. He said the council directed immediate remedial intervention to address the situation, and cautioned residents against the indiscriminate disposal of waste into drainage channels and building on waterways, which worsens flooding.
Dr. Sirawoo further noted that Governor Fubara remains deeply committed to the development of Rivers State and determined to accelerate the pace of governance despite time lost. He added that the administration’s renewed focus and energy will soon place Rivers State firmly back on the path of sustainable growth and progress.
Rivers State Governor, Sir Siminalayi Fubara, has reaffirmed his administration’s commitment to the completion of the 62.650km Port Harcourt Ring Road project, despite the setbacks that have slowed its progress.
The Governor gave the assurance during an on-site inspection tour of the project on Monday, where he emphasised that the state government remains resolute in its determination to deliver the massive infrastructure for public use.
Addressing journalists at the Eneka Flyover axis of the project, Governor Fubara stated that his visit was to verify the level of compliance and commitment shown by the construction firm, Julius Berger Nigeria Plc.
Governor Fubara noted that discussions with the contractor had been ongoing to ensure that work resumes at full capacity after a period of financial challenges that affected the project’s continuity.
“You are aware that this project was, I won’t say abandoned, but somehow, for lack of funds, the contractor withdrew from the site. We have been discussing with them, and they gave me their word that although we have not finished all the discussions, they have already moved back to site, and I’m here to confirm that.”
The Governor described the Port Harcourt Ring Road project, which traverses six local government areas, as one of the most significant infrastructure undertakings in the state’s history, noting that its completion would not only ease traffic congestion in the capital city but also stimulate economic activities across multiple local government areas.
Governor Fubara reiterated his administration’s resolve to continue prioritising infrastructure development as a foundation for economic growth and social progress.
“I want to make this promise to our good people of Rivers State,” the Governor declared. “This project that we started, by the special grace of God, we are going to complete it. We owe our people a responsibility to deliver on our commitments, and this project will not be an exception,” he added.
The Governor of Rivers State, Sir Siminalayi Fubara, has charged the 2025 Batch B, Stream II National Youth Service Corps (NYSC) members deployed to the State, to use the NYSC skill acquisition training programme to build capacity.
Governor Fubara gave the charge on Tuesday when he declared closed, the 2025 Batch B Stream II orientation exercise in the State.
Represented by the newly sworn-in Secretary to the State Government and Chairman NYSC State Governing Board, Hon. Benibo Anabraba, Governor Fubara enjoined the Corps members to embrace skill acquisition wholeheartedly in order to elevate themselves as wealth creators and employers of labour.
“Take Rivers State as your home. Be assured of the warmth, hospitality, and accommodating disposition of the good of our people at all times.
“Take the skill acquisition and entrepreneurship development post camp training very seriously and equip yourselves with the capacity to compete favourably in the nation’s huge economic space,” he stressed.
The Governor called on the Corps members to see their mobilization into the NYSC Scheme as a fundamental way to provide humanitarian services.
“Remember that you owe it to yourself, family, and the nation, the responsibility to serve selflessly and honourably,” he admonished.
In his farewell address, the State Coordinator of NYSC, Mr. Moses Oleghe appealed to the Corps members to use the opportunity of the service year to discover their true purpose.
He further encouraged them to embody selfless service and empathy in serving the people.
The colourful ceremony witnessed a vibrant parade.