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Supreme Court Bars EFCC From Prosecuting Govs For Corruption

Published

4 years ago

June 10, 2022

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

Cleric Predicts Breakthrough, Warns of Political and Security Challenges in 2026

Published

2 days ago

January 12, 2026

The Tide

The Founder and Senior Pastor of Liberty Hour Ministry, Port Harcourt, Apostle Chikadibia John Wodo, has expressed optimism that 2026 will usher in uncommon breakthroughs and good fortune for Nigeria, particularly in the areas of political, economic, and spiritual development, with Rivers State playing a key role.

Apostle Wodo made this declaration in his special New Year message, where he stated that individuals and forces standing as obstacles to the manifestation of God’s will in the new year would face bitter consequences. He cautioned that corrupt political leaders risk backlash from the very people they govern if they fail to change their ways.

The cleric warned against the escalation of political tension in Rivers State and called on residents and religious leaders to intensify prayers for lasting peace. He also urged Governor Siminalayi Fubara to remain resolute in leadership, reminding him to uphold his vows to God by continually seeking divine guidance in decision-making and governance amid evolving challenges.

Assessing the broader national situation, Apostle Wodo called on Nigerian leaders to repent and govern with a heightened sense of responsibility, noting that the cries and supplications of the masses have drawn divine attention. He further warned of alleged plots to disrupt a smooth democratic transition in 2027 and appealed for prayers to avert such an agenda.

According to him, Nigerians are yearning for genuine socio-economic transformation and freedom from political oppression. He challenged the Independent National Electoral Commission (INEC) to redeem its credibility by ensuring free, fair, and credible elections devoid of undue political interference.

The cleric also predicted that insecurity could worsen in the coming year and warned of the possible emergence of a strange ailment, stressing that Nigeria’s political challenges can only be resolved through equity, fairness, and justice, especially in the treatment of minorities, the vulnerable, and the disadvantaged.

Apostle Wodo further claimed that some clerics and General Overseers have compromised their faith and incurred divine displeasure, calling for sincere repentance to restore their relationship with God. He also advised early preparedness to mitigate natural disasters such as fire outbreaks and flooding, particularly in rural communities.

He concluded by urging Nigerians to remain prayerful, vigilant, and united as the nation navigates the opportunities and challenges of 2026.

News

Ado Royal Family Disowns Alleged Installation of Amanyanabo of Okrika

Published

2 days ago

January 12, 2026

The Tide

The Ado Royal Family of Okrika has firmly disassociated itself from the alleged self-enthronement of Hon. Godknows Tam George as the Amanyanabo of Okrika and Clan Head, describing the action as unlawful, illegitimate, and a threat to the peace of the ancient kingdom.

The family, which described itself as the sole legitimate custodian of the history, traditions, and stool of the Amanyanabo of Okrika, stated that it has not installed any king and has not commenced the formal process for such installation.

This position was contained in a statement jointly signed by Prof. Sotonye Fyneface-Ogan (Ogan Ado Royal House), Alabo Engr. Henry Semenitari Abam (Abam Ado Royal House), and Alabo Prince Oriyeorikabo Fibika (Fibika Ado Royal House). The statement was presented to journalists on Friday at the Nigeria Union of Journalists (NUJ) Press Centre, Moscow Road, Port Harcourt.

According to the statement, the purported action by Hon. Tam George amounts to “a blatant assault on the collective integrity of the Okrika people” and constitutes “a criminal act of impersonation with the potential to destabilize the peace and socio-political fabric of our ancient kingdom.”

The family stressed that Hon. Tam George was never presented as a candidate by the Ado Royal Family and did not undergo any of the mandatory rites, consultations, or confirmations required by Okrika customs.

“The Ado Royal Family has never presented him as a candidate, nor has he undergone any of the prerequisite rites, consultations, or confirmations. His actions are those of a lone interloper, operating in a vacuum of legitimacy,” the statement read.

It further emphasized that the stool of the Amanyanabo of Okrika and Clan Head is a sacred institution rooted in centuries-old traditions and spiritual heritage, not something to be claimed through academic qualifications, political ambition, or personal interest.

Speaking during the briefing, Prof. Sotonye Fyneface-Ogan reiterated that the process of crowning an Amanyanabo is clearly defined and has not yet begun.

“To crown a king, there is a process, and those processes have not taken place,” he said. “We are the chiefs; we are the ones that will be part of the selection. Honestly, we have not started the selection process; we have only begun discussions.”

He explained that during the proper selection process, chiefs supervise nominations from each constituent house, with each house expected to nominate two or three candidates—steps which, he noted, have not been carried out.

“I want to assure the public that none of the Ado family chiefs has given Hon. Tam George any sign of approval,” Prof. Fyneface-Ogan added.

Efforts to obtain the reaction of Hon. Godknows Tam George proved unsuccessful. Repeated attempts through phone calls, text messages, and WhatsApp messages were unsuccessful, as he did not respond as of the time of filing this report.

By: Tonye Orabere

News

PH Traders Laud RSG’s Fire Safety Sensitisation Campaign

Published

2 days ago

January 12, 2026

The Tide

Traders in Port Harcourt, Rivers State, have commended the Rivers State Government (RSG) for its ongoing fire emergency and safety sensitisation campaign across major markets in the state.

Speaking on behalf of traders at Nowa Market, Borikiri Old Port Harcourt Township, the market chairman, Mr. Innocent Chukwuma, praised Governor Sir Siminalayi Fubara for initiating the awareness programme in designated markets and public places.

Chukwuma described the exercise as timely and impactful, noting that it was the first time the Rivers State Government had carried out such a campaign in Nowa Market. According to him, the sensitisation would educate traders on fire emergencies and the necessary precautions to prevent outbreaks.

He urged traders to strictly apply the safety measures taught during the campaign, both during business hours and after closing their shops.

“I want to thank the Rivers State Governor, Sir Siminalayi Fubara, and the Ministry of Special Duties for coming to our aid, especially during this dry season,” Chukwuma said.

“This is the first time we are seeing government presence in our market in this manner. We lack words to thank our God-sent governor, particularly for providing us with fire extinguishers and other firefighting equipment.

“We will do exactly what we have been taught today to ensure there is no fire incident in our market. We will always switch off all electrical appliances before closing for the day,” he added.

Similarly, the Chairman of Mile 3 USTRE Modern Market, Mr. Gift Nkesi Benjamin, applauded the state government for the distribution of fire extinguishers and other fire safety equipment.

“We will adhere strictly to the safety guidelines and instructions given to us today to ensure there is no fire outbreak in our market,” Benjamin stated.

“On behalf of Mile 3 USTRE Modern Market, I sincerely thank the Rivers State Government and the Ministry of Special Duties for bringing this important campaign to our market.”

At Rumuwoji Market (popularly known as Mile 1 Market), the Chairman, Chief Hon. Godpower O. Wobo, also expressed gratitude to the state government for the sensitisation exercise. He assured that traders would comply fully with government directives to prevent future fire incidents.

Responding on behalf of Governor Siminalayi Fubara, the Permanent Secretary of the Ministry of Special Duties, Mr. Sokari D. P. George, thanked the traders for their cooperation and warm reception.

He emphasised that safety remains paramount, especially during the dry season, and urged traders to be cautious in their daily activities.

Mr. George disclosed that the theme of the 2025 fire safety campaign is “Controlled Fire Is a Friend, Uncontrolled Fire Is an Enemy.”

He cautioned against refuse and bush burning around buildings and warned traders not to store fuel in unauthorized places such as homes, offices, markets, or public buildings.

“Follow all fire safety guidelines and instructions,” he urged.

The permanent secretary also noted that Governor Fubara prefers a zero-fireworks approach during festive periods to ensure public safety, stressing that the government has invested heavily in markets and expects traders to take responsibility for protecting them.

By: Kiadum Edookor