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Supreme Court Bars EFCC From Prosecuting Govs For Corruption

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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).

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Tinubu Lauds Dangote’s Diesel Price Cut, Foresees Economic Relief

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President Bola Tinubu, yesterday, applauded Dangote Oil and Gas Limited for reducing the price of Automotive Gas Oil, also known as diesel, from N1,650 to N1,000 per litre.
The Dangote Group recently reviewed downwards the gantry price of AGO from N1,650 to N1,000 per litre for a minimum of one million litres of the product, as well as providing a discount of N30 per litre for an offtake of five million litres and above
Tinubu described the move as an “enterprising feat” and said, “The price review represents a 60 per cent drop, which will, in no small measure, impact the prices of sundry goods and services.”
In a statement signed by his Special Adviser on Media and Publicity, Ajuri Ngelale, Tinubu affirmed that Nigerians and domestic businesses are the nation’s surest transport and security to economic prosperity.
The statement is titled ‘President Tinubu commends Dangote Group over new gantry price of diesel.’
Tinubu also noted the Federal Government’s 20 per cent stake in Dangote Refinery, saying such partnerships between public and private entities are essential to advancing the country’s overall well-being.
Therefore, he called on Nigerians and businesses to, at this time, put the nation in priority gear while assuring them of a conducive, safe, and secure environment to thrive.
This statement comes precisely a week after Dangote met President Tinubu in Lagos, where he said Nigerians should expect a drop in inflation given the cut in diesel pump prices.
“In our refinery, we have started selling diesel at about ¦ 1,200 for ¦ 1,650 and I’m sure as we go along…this can help to bring inflation down immediately,” Dangote told journalists after he paid homage to President Bola Tinubu at the latter’s residence to mark Eid-el-Fitr.
The businessman said his petroleum refinery had been selling diesel at N1,200 per litre, compared to the previous price of N1,650–N1,700.
He expressed hopes that Nigeria’s economy will improve, as the naira has made some gains in the foreign exchange market, dropping from N1,900/$ to the current level of N1,250 – N1,300.
Dangote said this rise in value has sparked a gradual drop in the price of locally-produced goods, such as flour, as businesses are paying less for diesel. Therefore, he asserted that the reduced fuel costs would drive down inflation in the coming months.
“I believe that we are on the right track. I believe Nigerians have been patient and I also believe that a lot of goodies will now come through.
“There’s quite a lot of improvement because, if you look at it, one of the major issues that we’ve had was the naira devaluation that has gone very aggressively up to about ¦ 1,900.
“But right now, we’re back to almost ¦ 1,250, ¦ 1,300, which is a good reprieve. Quite a lot of commodities went up.
“When you go to the market, for example, something that we produce locally, like flour, people will charge you more. Why? Because they’re paying very high prices on diesel,” he explained.
He argued that the reduced diesel price would have “a lot of impact” on local businesses.
“Going forward, even though the crude prices are going up, I believe people will not get it much higher than what it is today, N1,200.
“It might be even a little bit lower, but that can help quite a lot because if you are transporting locally-produced goods and you were paying N1,650, now you are spending two-thirds of that amount, N1,200. It’s a lot of difference. People don’t know.
“This can help bring inflation down immediately. And I’m sure when the inflation figures are out for the next month, you’ll see that there’s quite a lot of improvement in the inflation rate, one step at a time. And I’m sure the government is working around the clock to ensure things get much better,” Dangote added.
He also urged captains of industry to partner with the government to improve the lives of citizens.
“You can’t clap with one hand,” said the businessman, adding, “So, both the entrepreneurs and the government need to clap together and make sure that it is in the best interest of everybody.”

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Court Halts Amaewhule-Led Assembly From Extending LG Officials’ Tenure

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The Rivers State High Court sitting in Port Harcourt has issued an interim injunction directing the maintenance of status quo ante belum following the move by the Martin Amaewhule-led Assembly in Rivers State to extend the tenure of the elected local government councils’ officials.
The Amaewhule-led Assembly, which is loyal to the Minister of Federal Capital Territory, Nyesom Wike, had amended the Local Government Law Number 5 of 2018 and other related matters.
Amaewhule, explained that the amendments of Section 9(2), (3) and (4)of the Principal Law was to empower the House of Assembly via a resolution to extend the tenure of elected chairmen and councilors, where it is considered impracticable to hold local government elections before the expiration of their three years in office.
But the court asked all the parties to maintain the status quo ante belum pending the hearing and determination of motion on notice for the interlocutory injunction.
The court presided over by G.N. Okonkwo also ordered that the claimant/applicant would enter into an undertaking to indemnify the defendants in the sum of N5million should the substantive case turned out to be frivolous.
The court fixed April 22, 2024 to hear the motion on notice for interlocutory injunction.
Okonkwo also issued an order of substituted service of the motion on notice for interlocutory injunction, originating summons and other subsequent processes on the defendants.
The orders were made following a suit filed by Executive Chairman, Opobo-Nkoro, Enyiada Cooky-Gam; Bonny, Anengi Claude-Wilcox; and five other elected council officials challenging the decision of the Amaewhule-led House of Assembly to extend the tenure of local government areas.
Also named as defendants in the suit are the Governor of Rivers State, the Government of Rivers State and the Attorney-General of Rivers State.
The claimants/applicants are praying the court for a declaration that under section 9(1) of the Rivers State Local Government Amendment Law number 5 of 2018 the tenure of office of the chairmen and members of the 23 local government councils of Rivers State is three years
A declaration that the tenure of office of the elected chairmen and members of the local government areas would expire on the 17th of June 2024 having commenced on the 18th of June 2021 when they were sworn in.
A declaration that the defendants cannot in any manner or form extend the tenure of office of the chairmen and members of the local government areas after the expiration of their tenure.
An order of perpetual injunction restraining the defendants from extending the tenure of office of the chairmen and members of the local government areas.
An order of perpetual injunction restraining the 28th, 29th and 30th defendants (the Governor, the Government House and the Attorney-General) from giving effects to any purported extension of the tenure of the chairmen and members of the local government areas.
They also prayed for an order of interlocutory injunction directing all the defendants to maintain the status quo by not elongating the three-year tenure of the chairmen and councilors.
The claimants further sought an order of interlocutory injunction restraining the defendants from extending the tenures of the chairmen and the councilors.

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Nigeria’s Inflation Rate’ll Drop To 23% By 2025 -IMF

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In a recent release of its Global Economic Outlook at the International Monetary Fund/World Bank Spring Meetings in Washington D.C., on Tuesday, the IMF provided projections for Nigeria’s economy, indicating a significant shift in inflation rates.
Division Chief of the IMF Research Department, Daniel Leigh, highlighted the impact of Nigeria’s economic reforms, including exchange rate adjustments, which have led to a surge in inflation rate to 33.2 percent in March.
Nigeria’s inflation rate rose to 33.2 percent according to recent data released by the National Bureau of Statistics.
Also, the food inflation rate increased to over 40 per cent in the first quarter of 2024.
Leigh stated, “We see inflation declining to 23 per cent next year and then 18 percent in 2026.”
This is however different from the fund’s prediction of a new single-digit (15.5 per cent ) inflation rate for 2025 which it predicted last year.
He further elaborated on Nigeria’s economic growth, which is expected to rise from 2.9 percent last year to 3.3 percent this year, attributing this expansion to the recovery in the oil sector, improved security, and advancements in agriculture due to better weather conditions and the introduction of dry season farming.
The IMF official also noted a broad-based increase in Nigeria’s financial and IT sectors.
“Inflation has increased, reflecting the reforms, the exchange rate, and its pass-through into other goods from imports to other goods,” Leigh explained.
He added that the IMF revised its inflation projection for the current year to 26 percent but emphasised that tight monetary policies and significant interest rate increases during February and March are expected to curb inflation.
An official of the IMF Research Department, Pierre Olivier Gourinchas commented on the global economic landscape, mentioning that oil prices have risen partly due to geopolitical tensions, and services inflation remains high in many countries.
Despite Nigeria’s inflation target of six to nine percent being missed for over a decade, Gourinchas stressed that bringing inflation back to target should be the priority.
He warned of the risks posed by geo-economic fragmentation to global growth prospects and the need for careful calibration of monetary policy.
“Trade linkages are changing, and while some economies could benefit from the reconfiguration of global supply chains, the overall impact may be a loss of efficiency, reducing global economic resilience,” Gourinchas said.
He also emphasised the importance of preserving the improvements in monetary, fiscal, and financial policy frameworks, particularly for emerging market economies, to maintain a resilient global financial system and prevent a permanent resurgence in inflation.

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