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Supreme court dismisses states’ suit challenging legality of EFCC

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The supreme court has dismissed the suit instituted by 16 states of the federation challenging the constitutionality of the act establishing the Economic and Financial Crimes Commission (EFCC).

 

Delivering judgment on Friday, Uwani Abba-Aji, who led a seven-member panel of justices, ruled that “the EFCC Act, which is not a treaty but a convention, does not need the ratification of the houses of assembly”.

 

BACKGROUND

The suit challenging the legality of the EFCC was initially filed by the Kogi state government. Subsequently, 15 states applied to join Kogi in the suit.

 

The states argued that the national assembly failed to adhere to section 12 of the 1999 constitution (as amended), which governs the incorporation of international treaties into domestic law, in the enactment of the EFCC Act.

 

They further maintained that domesticating a convention requires the approval of a majority of the state houses of assembly — based on the provisions of section 12 of the constitution.

 

They added that the procedure for domesticating the convention was bypassed in the process of passing the EFCC Act and similar laws.

 

They posited that the EFCC Act cannot be applied to states that did not consent.

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The applicants had also challenged the powers of the Nigerian Financial Intelligence Unit (NFIU) and the Independent Corrupt Practices Commission (ICPC).

 

They sought a declaration that the “federal government, through the NFIU, lacked the power to issue any directive, guideline, advisory, or any instrument howsoever called for the administration and management of funds belonging to the state”.

 

They also sought a declaration that the “EFCC, NFIU, or any agency of the federal government cannot investigate, requisition documents, invite, or arrest anyone for offences arising from or touching on the administration and management of funds belonging to the state”.

 

In the days that followed, six states — Adamawa, Ebonyi, Anambra, Jigawa, Benue and Enugu — withdrew from the suit.

 

THE JUDGMENT

The seven-member panel of justices dismissed the suit for lacking in merit.

 

“Let me first look at the constitutional provision. The plaintiffs rely on Section 12 of the constitution in their argument. Treaty is an agreement reached by two or more countries which has to be ratified,” Abba-Aji said.

 

“Convention: Conventions are agreed by a larger number of nations. Conventions only come into force when a larger number of countries agree.

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“Therefore, the EFCC Act, which is not a treaty but a convention, does not need the ratification of the houses of assembly.

 

“A convention would have been ratified by members state and the NASS can make laws from it, which will be binding on all the states in Nigeria as it is the case of EFCC Establishment Act.”

 

The apex court held that the NFIU guideline had not contravened the provisions of the constitution on the funds of states.

 

“In a country like Nigeria, the federating units do not have absolute power. The NFIU guideline is to present a benchmark and not to control the funds,” the court held.

 

“Where an Act of law is made by NASS like the NFIU and its guideline, it is binding on all. Any Act that has been competently enacted by the NASS cannot be said to be inconsistent.

 

“Where the NASS has enacted several laws on corruption, money laundering, etc, no state has the right to make law to compete with it. The investigative power of the EFCC cannot be said to be in conflict with legislative powers of the state assembly.

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“I must agree with the AGF that the plaintiffs’ argument, that is, the houses of assembly of the plaintiffs states, is not tenable in law.”

 

At the commencement of the ruling, the court dismissed all objections of the federal government against the suit filed by the states.

 

Abba-Aji said since the plaintiffs’ case was against the attorney-general of the federation and not any of the agencies mentioned, the supreme court can assume jurisdiction to determine it.

 

“Since the AGF is assumed to be the chief law officer of the federation, he is by all means the proper and necessary party,” the court held.

 

“The AGF has locus standi to institute action against anyone and the AGF can be sued in any civil matter against the government.

 

“It is clear that the federal government has legal tussle with the states based on the directive of the NFIU which the states are contending.

 

“The preliminary objection is hereby dismissed.”

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Good morning! Nigerian Newspapers Headlines: Kidnap terror: 30 Kwara kings flee palaces

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1. No fewer than 30 traditional rulers across the southern area of Kwara State have fled their palaces following a sustained wave of kidnappings, killings and violent attacks, Saturday PUNCH has learnt.

Our correspondents gathered from two credible community leaders that the affected monarchs were seeking refuge in urban centres, including Ilorin, Osogbo, Offa, and Lagos.

2. The Emir of Kano, Muhammadu Sanusi II, on Friday raised concerns over the Federal Government’s continued reliance on borrowing despite the removal of petrol subsidy. Speaking during an interview on TV, the former governor of the Central Bank of Nigeria (CBN) warned that weak fiscal discipline could undermine the gains expected from recent economic reforms.

3. President Bola Tinubu on Friday administered the oath of office to Dr Muttaqha Rabe Darma from Katsina State as the new minister of housing and urban development, following his Senate clearance. President Tinubu, at the short ceremony at the State House, congratulated Dr Darma for coming on board at this “very challenging time of national development.

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4. Taiwo Oyedele has officially taken over as Minister of Finance and Coordinating Minister of the Economy following the completion of the handover process by his predecessor, Wale Edun. According to a statement issued on Friday by the Head of Information and Public Relations Unit, Efe Ovuakporie, the handover took place on Thursday, April 23, 2026, in line with a directive from President Bola Ahmed Tinubu.

5. Gunmen have reportedly killed five people, including a traditional ruler, his wife, son and two other residents in Olegabulu community of Agatu Local Government Area of Benue State. Residents said the attack occurred on Thursday night when the assailants, who arrived on two motorcycles, stormed the monarch’s residence and opened fire on him and his family members.

6. A former chairman of the defunct Skye Bank Plc, Tunde Ayeni, has been arrested by the Economic and Financial Crimes Commission over alleged money laundering, misappropriation and diversion of funds amounting to N36.54bn and $30m. It was gathered that Ayeni, who was arrested in Abuja on Thursday, is currently being detained at the commission’s facility.

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7. The Minister of Power, Adebayo Adelabu, resigned from President Bola Tinubu’s cabinet against the wishes of the President who had dissuaded him from quitting, Saturday PUNCH has learnt. Insiders familiar with the back and forth that preceded the resignation told our correspondents on Friday that Adelabu insisted on quitting the cabinet to pursue his governorship ambition in Oyo State.


8. A Kogi State High Court sitting in Lokoja has awarded N1 billion in damages against Senator Natasha Akpoti-Uduaghan in a defamation suit filed by former Kogi State Governor, Yahaya Adoza Bello. Akpoti-Uduaghan has, however, rejected the judgment, declaring her intention to challenge the ruling at the Court of Appeal.

9. President Bola Tinubu on Friday held a closed-door meeting with the Speaker of the House of Representatives, Tajudeen Abbas, and some members of the House at the Presidential Villa, Abuja. It was learnt that the Friday’s meeting, which was not on the President’s official schedule, took place shortly after the lawmakers joined him for Jummah prayers at the State House Mosque.

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10. Benue State Police Command has arrested two suspects in connection with the killing of a National Youth Service Corps member, Ben Agir, who was allegedly mobbed to death by a vigilante group over a motorcycle he reportedly owned. Agir was killed last Sunday night at Major Settlement, near Buruku Local Government Secretariat, in Buruku Local Government Area of the state. He was accused of stealing a motorcycle before being attacked.

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Defamation: Court orders Natasha to pay Yahaya Bello N1bn

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A high court in Lokoja, Kogi state, has ordered Natasha Akpoti-Uduaghan, the senator representing Kogi central, to pay N1 billion in damages to former governor of Kogi, Yahaya Bello, over defamatory comments.

In a judgement delivered on Thursday, April 23, A.S. Ibrahim, the presiding judge, held that the claimant proved his case on the balance of probabilities.

The suit, marked HCL/16/2023, centred on comments made by Akpoti-Uduaghan during an appearance on The Morning Show, a programme on Arise TV, on November 4, 2022.

The judge ruled that the statements, in which Bello was described as a ‘murderer, killer, perpetrator of evil acts, and a terror to the people of Kogi state”, were defamatory and not justified.

“The interview granted by the defendant on 4/11/2022 on Arise TV programme ‘The Morning Show’ is defamatory to the claimant’s character and reputation,” the judge held.

“The said interview of 4/11/2022, in which the defendant described the claimant as a murderer, killer, perpetrator of evil acts, and a terror to the people of Kogi state, was without justification.”

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The judge also issued a perpetual injunction restraining Akpoti-Uduaghan, her agents or associates from making further defamatory statements against Bello on television or radio.

“The sum of one billion naira is awarded as damages against the defendant and in favour of the claimant,” the judge ruled.

Bello had filed the suit, alleging that the statements damaged his reputation.

During proceedings, Johnson Usman, counsel to the defendant, challenged the jurisdiction of the court, arguing that the suit constituted an abuse of court process.

Friday Ekpa, counsel to Bello, opposed the objection, maintaining that related cases before the Federal Capital Territory (FCT) high court did not involve Bello in his personal capacity.

Earlier during the trial, the Kogi high court ruled that it had jurisdiction to hear the case.

The decision was later affirmed by the court of appeal, which dismissed Akpoti-Uduaghan’s appeal for lacking merit.

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Alleged N36bn, $30m fraud: EFCC arrests ex-Skye Bank chair Tunde Ayeni

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The Economic and Financial Crimes Commission (EFCC) has arrested businessman and former chairman of the defunct Skye Bank Plc, Tunde Ayeni, over an alleged multi-billion naira fraud.

According to a report by TheCable, Ayeni was arrested in Abuja on Thursday and is currently in EFCC custody as investigations continue.

The anti-graft agency is probing the alleged diversion and misappropriation of funds estimated at N36.5 billion and $30 million, said to have been obtained from Polaris Bank Plc through companies linked to him.

According to sources, the funds, secured as loans for specific projects, were diverted to other accounts and used for other purposes.

The loans – originally meant for financing marine security, electricity distribution contract, estate development, were allegedly channelled into the acquisition of telecom assets linked to NITEL/MTEL through a NATCOM account.

The commission is also investigating about 12 companies linked to Ayeni, which were allegedly used to obtain the loans from Polaris Bank.

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Ayeni is expected to be arraigned upon the conclusion of investigations.

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