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Supreme Court to rule on 16 govs’ suit against EFCC today
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Following the suit filed by the 19 state governments contesting the constitutionality of the laws that established the Economic and Financial Crimes Commission in the country, the Supreme Court is set to rule on their request today.
The governors and the EFCC are eagerly awaiting the judgment of the apex court, which would confirm the legality or otherwise of the anti-graft commission.
The state governments, in their suit, had argued that the Supreme Court, in Dr Joseph Nwobike Vs Federal Republic of Nigeria, held that it was a United Nations Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting the law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.
They argued that in bringing a convention into Nigerian law, the provision of Section 12 must be complied with.
According to the plaintiffs, the provision of the Constitution necessitated the majority of the states’ houses of assembly agreeing to bring the convention in before passing the EFCC Act and others, which was allegedly never done.
The argument of the states in their present suit, which had reportedly been corroborated by the Supreme Court in the previous case mentioned, is that the law, as enacted, could not be applied to states that never approved of it, in accordance with the provisions of the Nigerian constitution.
Hence, they argued that any institution so formed should be regarded as an illegal institution.
The suit was initiated by the Kogi State government and joined by the Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River and Niger.
A seven-member panel of justices, led by Justice Uwani Abba-Aji, on Tuesday, fixed October 22 for a hearing.
The EFCC, however, expressed dismay over the call for the overhaul of their institution, stating that those pushing for such are “feeling the heat of its work.”
The EFCC’s Director of Public Affairs, Wilson Uwujaren, disclosed this in an interview on Channels Television’s The Morning Brief programme on Monday.
Uwujaren defended the significance of the commission, stating that Nigerians needed to fight against corruption.
“We are shocked by what is happening. Nigerians should see through this shenanigan and oppose it because I don’t see how this country can survive without the EFCC, given the kind of corruption problem that we have. Nigeria cannot do without the EFCC.
“I am worried that, with the kind of problem we have with corruption in this country, some people would go to court to challenge the legality of the EFCC.
“For citizens in their states, I am not sure that the EFCC is their greatest problem. I doubt that this is the case. What you see playing out is simply people who are feeling the heat of the work of the EFCC and who want to derail what is going on within the EFCC.
“They see the EFCC as a threat, which is what is playing out. I think Nigerians can see through the gimmick of those who are behind the challenge to the legality of the commission,” Uwujaren said.
The EFCC official noted that those behind the call for the overhaul were determined to “derail” the commission’s anti-corruption fight.
“So, people who are concerned about transparency and accountability will wish for the EFCC to be ‘killed’. Let me use the word ‘killed’ because that is the agenda.
“They simply want to derail the fight against corruption because they don’t want accountability in their domains,” he said.
Meanwhile, lawyers and Senior Advocates, Dr Olisa Agbakoba and Femi Falana, have expressed divergent views on the constitutionality of the EFCC.
Agbakoba, a former President of the Nigerian Bar Association, wrote to the National Assembly about constitutional issues related to law enforcement agencies in Nigeria and factors inhibiting the government’s objective of abolishing corruption, as stated in Section 13 of the Constitution.
In two separate letters to the Senate and House of Representatives, dated October 14, 2024, he stated that the EFCC was an unlawful organisation that he believed was “unconstitutionally established.”
He said, “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.”
However, three days later, Falana, a human rights activist, in his letter to the National Assembly, opposed Agbakoba’s view.
He insisted that the former NBA president’s position was based on the premise that the establishment of the EFCC violated the basic principles of federalism.
The Executive Director of Africa Center for Media Information and Literacy, Chico Onumah, reacting to the suit, noted that there is nothing unconstitutional about EFCC as the laws that brought about its existence went through due process.
“The commission was set up by an Act over two decades ago and I don’t imagine that there is anything wrong with that.
“As far as I know, the laws that led to the setting up of the commission went through the due process.
“The EFCC I know is a legal institution, the laws that set it up are there like ICPC and it went through the normal process. What is unconstitutional about EFCC? The constitution empowers the National Assembly to pass laws like this so I don’t see anything unconstitutional about this.
“They are legal institutions and I see nothing unconstitutional about the anti-corruption agencies,” he said.
Speaking further he noted that the EFCC had been doing its fair share in the fight against corruption, even though there was room for improvement.
“They have been able to fight corruption. You can’t imagine where we are coming from and where we are today. Corruption is one of the biggest challenges in this country and whether we like it or not, these agencies have contributed their quotas.
“Of course, there’s room for more to do better but within the limited resources and manpower, I think they’ve done fairly well,” he added.
The Deputy Director of the Socio-Economic Rights and Accountability Project, Kolawole Oluwadare, stressed that the functionality and constitutionality of EFCC were not in doubt.
He said, “The constitutionality of the EFCC is not in doubt. The functionality of EFCC as an anti-corruption agency is also not in doubt.
“If the legal argument was made four years ago on the constitutionality of EFCC, the question that Nigerians who are interested in the transparent and economic growth of Nigeria on the state governors suit is to ask what is the end game and what are they afraid of?”
The Executive Director of the Civil Society Legislative Advocacy Centre, Auwal Rafsjani, condemned the state governments’ action, stating that the suit threatened not only the fight against corruption but also the autonomy of local governments—a fundamental pillar of grassroots democracy.
He said, “The recent legal battles waged by these governors represent a blatant disregard for the rule of law and an attempt to undermine Nigeria’s progress in establishing institutions that hold public officials accountable.
“This calls for deep concern and unequivocal condemnation of the recent actions of some state governors targeted at EFCC, Nigerian Financial Intelligence Unit and by implications other anti-corruption agencies in the country, such as the Independent Corrupt Practices and Other Related Offences Commission, the Code of Conduct Bureau and key law enforcement agencies like the Nigeria Police Force; preparatory to the commencement of full implementation of the recent Supreme Court judgment with regards to local government autonomy in Nigeria.”
News
List: FG endorses 33 more universities
The Federal Government has endorsed 33 new universities across Nigeria, increasing the total number of universities in the country to 309.
The approvals include seven federal universities, six state-owned universities and 20 private universities.
The seven new federal universities are the Federal University of Environment and Technology, Tai, Rivers State; Federal University of Applied Sciences, Kachia, Kaduna State; Tai Solarin Federal University of Education, Ijagun, Ogun State; Federal University of Agriculture and Developmental Studies, Iragbiji, Osun State; Federal University of Technology and Environmental Studies, Iyin-Ekiti, Ekiti State; Federal University of Agriculture and Technology, Okeho, Oyo State; and the Federal University of Health Science and Technology, Tsafe, Zamfara State.
The six new state universities are Abdulsalam Abubakar University of Agriculture and Climate Action, Mokwa, Niger State; Ebonyi State University of ICT, Science and Technology, Oferekpe, Ebonyi State; University of Aeronautics and Aerospace Engineering, Ezza, Ebonyi State; Benue State University of Agriculture, Science and Technology, Ihugh; Cross River University of Education and Entrepreneurship, Akamkpa, Cross River State; and the University of Innovation, Science and Technology, Omuma, Imo State.
The approvals also include 20 private universities.
Among them are Omega University in Delta State, Regnum Medical University in Lagos State, Transatlantic University of Medicine and Health Sciences in Anambra State, City University in Ogun State, University of Fortune in Ondo State, Eranova University in the Federal Capital Territory, Minaret University in Osun State, Abdulrasaq Abubakar Toyin University in Kwara State, Southern Atlantic University in Akwa Ibom State, Lens University in Kwara State, Monarch University in Ogun State, Tonnie Iredia University of Communication in Edo State, Isaac Balami University of Aeronautics and Management in Lagos State, Kevin Eze University in Enugu State, Bridget University in Imo State, Leadership University in Abuja, Jimoh Babalola University in Kwara State, Greenland University, JEFAP University in Niger State, Azione Verde University in Imo State and Unique Open University in Lagos State.
News
FG bars MDAs from awarding contracts without warrants
Disturbed by the manner Ministries, Departments and Agencies of Government, MDAs flagrantly spend money without adequately aligning with Revised Bottom-Up-Cash Management Policy Framework, to this end, the Federal Government welded the big stick by barring MDAs from awarding contracts without warrants.
Ministry of Finance in a circular has ordered that due process must be followed or heavy sanctions awaits such government bodies.
In a circular signed by the Minister of Finance, Taiwo Oyedele in a sighted by this medium, it was expressly stated that :”The revision of this policy will further ensure that MDAs comply with statutory and regulatory provisions governing public financial management”.
In the memo it was also stated that “It should be noted that Accounting Officers who contravene this policy shall be personally liable for any resultant commitments, in accordance with the provisions of • Financial Regulation 310 (Personal Responsibility for Expenditure • Public Service Rules 030402 (Serious Misconduct • Fiscal Responsibility Act Section 48 (Offences and Penalties – Independent Corrupt Practices and Other Related Offences Act (ICPC Section 22 Sub-sections 4.
Under the new framework, no MDA is permitted to issue letters of award, sign contracts or enter into financial obligations unless the corresponding Warrant or Authority to Incur Expenditure covering the full or committed portion of the contract sum has been duly released by the Honourable Minister of Finance and Coordinating Minister of the Economy to the Accountant General of the Federation.
The circular also makes it clear that budgetary allocations alone do not constitute legal authority to spend public funds.
According to the directive, “Estimates in the Appropriation Act or budgetary provisions do not confer automatic spending authority. Only duly released Warrants/AIE issued by the Honourable Minister of Finance and Coordinating Minister of the Economy in line with Financial Regulation 301 confer legal authority to incur expenditure.”
The policy cites Financial Regulation 415, Section 22 of the Fiscal Responsibility Act, 2007, Section 16(1)(b) of the Public Procurement Act, 2007 and relevant provisions of the Independent Corrupt Practices and Other Related Offences Act as the legal basis for the revised framework.
Government said the new measures are designed to align financial commitments with actual funds availability, strengthen expenditure controls and halt the growing accumulation of unfunded contractual liabilities arising from contracts awarded without the necessary financial backing.
The circular also introduces changes to the cash management process by abolishing the requirement for MDAs to submit monthly cash needs before the issuance of Warrants. Instead, Warrants will be issued based on approved budget implementation priorities and available Capital Development Fund balances.
In addition, all MDAs are required to prepare quarterly cash plans in line with their ministerial priorities and procurement plans for submission to the Office of the Accountant General of the Federation to improve cash flow forecasting and budget execution.
The Federal Government warned that Accounting Officers who disregard the directive would bear personal responsibility for any commitments arising from contracts awarded in violation of the policy.
It stated that such officers would be held liable in accordance with the Financial Regulations, the Public Service Rules, the Fiscal Responsibility Act and other applicable laws governing public financial management.
The directive takes immediate effect and supersedes all previous instructions inconsistent with the revised framework. It also provides that all 2026 capital projects across Federal Ministries, Departments and Agencies shall be implemented in accordance with the new policy.
The government directed all Accounting Officers, Directors and Heads of Finance and Accounts, as well as Internal Audit Departments and Units across MDAs and other arms of government, to ensure strict compliance with the circular.
News
Posterity will judge you well for devt of FCT -First Lady Remi Tinubu
…Commends Wike’s Green Transformation of Abuja, Urges States to Engage Youth in Environmental Protection
First Lady of Nigeria, Senator Oluremi Tinubu has commended the Minister of the Federal Capital Territory (FCT), Nyesom Wike, for transforming Abuja’s City Gate into a major recreational and environmental landmark.
She was speaking during a ceremony to honour the FCT Administration for its environmental efforts which she said is in line with the just concluded category of the ongoing Green Nigeria Challenge of the Renewed Hope Initiative.
Senator Oluremi Tinubu said she was impressed by the transformation of the City Gate, describing it as “unbelievable.”
She stated that despite a ₦50 million prize set aside under the Green Challenge to encourage states to reclaim abandoned spaces and dumpsites, no state entered for that category of the competition.
“It was a ₦50 million prize money and they didn’t enter. This was supposed to get our youth involved,” she said.
The First Lady explained that the initiative was designed to encourage states to convert neglected public spaces into clean and attractive environments.
“The transformation reflects the vision behind the just concluded Community Category of the Challenge which was designed to encourage youth groups to transform degraded public spaces, including dumpsites and abandoned areas, into green parks, gardens and other eco-friendly spaces. Our goal is to compliment government’s effort in beautifying our environment and promoting healthier communities towards improving the quality of life of our people.”
“The remodeled Abuja City Gate is an excellent example of what abandoned public areas can become: a transformed key national landmark that warmly welcomes all Nigerians and visitors to our nation’s capital.”
“When I saw what he did with the City Gate, my God, unbelievable, unbelievable. I want to thank him. He’s done very well.”
“This was to turn around abandoned spaces, dumpsites, and we see a lot of it around the states.”
Senator Oluremi Tinubu also appealed to Wives of State Governors to mobilise the youth to participate in environmental clubs and sustainability initiatives in schools and tertiary institutions.
“I’m using this opportunity to appeal to our First Ladies: Get our young children into the environmental clubs and environmental societies for our youth in tertiary institutions.”
“I remember when I was in the College of Education, I was a member of the Youth Environmental Programme for West Africa. We travelled from Nigeria throughout West Africa by road. It was a memorable experience for us.”
According to the First Lady Senator Oluremi Tinubu, young people must be encouraged to contribute to national development through environmental stewardship.
“We have to engage our young people and make sure that they can help build. Everybody has something to contribute to this country. It’s a great country and that’s why we are doing all we can.”
In his remarks, the FCT Minister, Nyesom Wike revealed that the First Lady personally inspired the transformation of Abuja’s City Gate.
“The First Lady has to be commended for the FCT keying into the Renewed Hope Green Initiative because she has always said we have to change our environment and create opportunities where people can gather and relax.”
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