Ahead of the commencement of legal fireworks Tuesday(today) over the validity or otherwise of the Act establishing the Economic and Financial Crimes Commission (EFCC), the agency has said those challenging its legality are being threatened and feeling the heat generated by the successes recorded by the anti-graft body.
Also, two leading silks, Olisa Agbakoba and Femi Falana, both rights activists and Senior Advocate of Nigeria (SAN), have also differed on the legal status of the agency.
Attorneys- general from Kogi and 15 other states, had filed a suit with the Supreme Court, challenging the legality of the EFCC Establishment Act.
According to them, the National Assembly did not adhere to Section 12 of the 1999 Constitution, which governs the incorporation of international treaties into domestic law.
…Prayers
The suit, marked: SC/CV/178/2023, had 15 other states including Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River and Niger.
Among other reliefs, Kogi, being the original plaintiff, wants “A declaration that the Federal Government of Nigeria through the Nigerian Financial Intelligence Unit or any agency of the Federal Government lacks the power to issue any directive, guideline, advisory or any instrument howsoever called for the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogi State.
“A declaration that the EFCC, the NFIU, or any agency of the Federal Government of Nigeria cannot investigate, requisition documents, invite and or arrest anyone with respect to offences arising from or touching on the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogi State.”
…EFCC blasts critics
Contrary to the position canvassed by the plaintiffs, the EFCC insisted its existence was known to the law and that the National Assembly complied with due process before the Act came to be.
Speaking Monday while featuring on Channels Television, EFCC Director of Public Affairs Wilson Uwujaren faulted the timing of the suit, especially when corruption was getting rampant in the country.
“I am worried that with the corruption problem we have in this country, some people would challenge the legality of the EFCC in court. What you see playing out today is simply people who are feeling the heat of the EFCC’s work and want to derail its efforts. They see the EFCC as a threat.
“Nigerians should see through the gimmicks of those behind the suit challenging the commission’s legality. We are really shocked by what is happening. Nigerians should oppose this shenanigan because I don’t see how this country can survive without the EFCC given the corruption problem we face. Nigeria cannot do without the EFCC.
“Those challenging the legality of the EFCC are feeling the heat of the anti-graft war,” said Uwujaren.
…What Agbakoba says
Meanwhile, the Supreme Court will begin hearing into the suit today(Tuesday) after the duo of Agbakoba and Falana had thrown some perspectives to the validity or otherwise of the plaintiffs’ claims.
While Agbakoba, in a letter to the National Assembly described the body as an illegality in the eye of the law, Falana faulted his claim, saying contrary to claim by the learned silk that the Supreme Court has often criticised the EFCC, the apex court rather consistently supported the efforts of both the “ICPC and EFCC in combating the miasma of monumental corruption in the country.”
The letter titled: “Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts,” read: “I commend you for the remarkable leadership you have demonstrated as Chairman, Senate Constitution Review Committee, particularly in advancing the government’s reform agenda through a robust constitutional framework.
“Your efforts to strengthen the legal infrastructure underpinning the nation’s development programmes are indeed commendable.
“I write to draw attention to certain constitutional issues on matters related to law enforcement agencies. As you are obviously aware, the fundamental objective of the government is to abolish corruption.
“But from my observation, there is no harmony amongst law enforcement agencies on corruption. They all appear to be working at cross purposes.
“This has been confirmed by the Supreme Court in so many cases. The Supreme Court has consistently sanctioned the EFCC for its conduct and questioned if the EFCC can validly do what it does. I will go further to say that I very strongly believe the EFCC is unconstitutionally established. The powers under which it was established go beyond the powers of the National Assembly. The EFCC is an unlawful organisation.
“I am very delighted to note that many states have finally taken it upon themselves to challenge the constitutionality of the EFCC.”
…Falana counters
However, in his own letter also forwarded to the leadership of the federal legislature, Falana argued: “It is pertinent to recall that in the celebrated case of the Attorney-General of Ondo State v Attorney-General of the Federation & Ors (2022) 27 WRN 1, the Plaintiff (Ondo State Government) challenged the constitutional validity of the Independent Corrupt Practices and Other Related Offences Commission Act, 2000. The Attorney-General of Ondo State was the Plaintiff, while the Attorney-General of the Federation and the Attorneys-General of 35 states were the Defendants.
“In that case, the late Professor Ben Nwabueze and Dr Agbakoba acted as amici curiae, while I was privileged to represent one of the Defendants. It is on record that several Defendants and the amici curiae argued extensively that the ICPC Act was unconstitutional in every material particular. Both amici curiae urged the court to annul the ICPC Act.
“Upon critically analysing the submissions of all counsel, including the amici curiae, the apex court upheld the constitutional validity of the ICPC Act. In the leading judgment delivered by Uwais CJN (as he then was), it was held that the National Assembly has the sole power to establish and regulate authorities for the federation or any part thereof to promote and enforce the nation’s responsibility to abolish all corrupt practices and abuse of power, as enshrined in section 15(5) of the 1999 CFRN.”
….Ex-Kwara gov re-arraigned
In a related development, the EFCC Monday re-arraigned former Kwara state Governor Abdulfatah Ahmed before Justice Mahmood Abdulgafar of the Kwara state High Court, with amended charges.
The former governor was initially arraigned before the Federal High Court, Ilorin, before Justice Evelyn Anyadike , who was recently transferred to another jurisdiction.
In an interview with journalists, the EFCC counsel, Rotimi Jacobs (SAN), said the re-arraignment of the former governor from the FHC was as a result of the conclusion of investigation of other aspects of the allegations and to prevent moving from one court to another.
Ahmed is standing trial over a 15-count charge bordering on alleged diversion of N3 billion public fund, and diversion of Universal Basic Education (UBEC) fund for other purposes.
During the re-arraignment, the former governor and his former finance commissioner, Demola Banu, pleaded not guilty to the charges and were granted bail in the sum of N100 million each.
Justice Abdulgafar later fixed December 3, 2024 for the commencement of the trial.