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Just in: Anambra pulls out from suit seeking to declare EFCC illegal
The Anambra State Government, on Tuesday, announced its decision to withdraw from the suit that is seeking to declare the operations of the Economic and Financial Crimes Commission, EFCC, illegal.
The state, through its Attorney General, Prof. Sylvia Ifemeje, told the Supreme Court that it was no longer willing to be a part of the legal action that was originally instituted by Kogi state.
The withdrawal notice was dated October 20.
Anambra took the position on a day that Osun state, through its Attorney-General, Mr. Oluwole Bada, applied to be allowed to consolidate its grievance against the operations of the EFCC, with that of Kogi state.
Osun state told a seven-man panel of the apex court led by Justice Uwani Abba-Aji, that it is seeking the same reliefs that Kogi state listed against the EFCC.
Whereas Sokoto state, which was earlier joined as a co-plaintiff in the matter, did not send any legal representative at the resumed proceeding on Tuesday, other states that announced their appearances, were; Kogi, Kebbi, Katsina, Jigawa, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo and Bauchi.
Others were; Adamawa, Taraba, Ebonyi, Imo and Nasarawa.
The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, appeared as the sole defendant in the matter.
The AGF did not oppose Anambra state’s request to pull out of the case.
It will be recalled that 16 states of the federation had approached the Supreme Court to challenge the operations of the EFCC.
The states are contending that the anti-graft agency was not validly established by the then administration of President Olusegun Obasanjo.
It will be recalled that the EFCC was established by an Act of the National Assembly on December 12, 2002, by Obasanjo’s administration.
Following the appointment and confirmation of its pioneer Executive Chairman, Mallam Nuhu Ribadu and other administrative officers, by the Senate, the Commission commenced its operational activities on April 13, 2003, though its Establishment Act was later amended in 2004.
However, in the suit before the apex court, the states, through their respective Attorneys General, argued that section 12 of the 1999 Constitution, as amended, was not complied with before the EFCC began its operations.
According to the plaintiffs, it was a mandatory provision of the Constitution that majority of the Houses of Assembly of States must vote and agree to the passage of the EFCC Act, insisting that it was not something that only the National Assembly was legally allowed to do.
They told the Supreme Court that none of the states was carried along before the EFCC was established by the then President Obasanjo’s administration.
They argued that the Supreme Court had in a decided case-law in Dr. Joseph Nwobike Vs Federal Republic of Nigeria, held that it was a United Nation Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.
The plaintiffs maintained that since the due process was not followed before the EFCC Establishment Act was enacted, it cannot be applicable in states that never approved of it, in accordance with provisions of the 1999 Constitution, as amended.
They argued that any agency that was formed as a result of the Act, ought to be regarded as an illegal institution.
The 16 states are relying on the fact that since the 1999 Constitution, as amended, is the supreme law of the land, any Act of the National Assembly that is inconsistent with the Constitution, ought to be declared a nullity.
Kogi state had specifically raised six questions for the apex court to determine, even as it sought nine principal reliefs.
It, among other things, prayed the Supreme Court for: “A declaration that the Economic and Financial Crimes Commission (EFCC), the Nigerian Financial Intelligence Unit (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.”
As well as: “A declaration that the Federal Government of Nigeria, through the Nigerian Financial Intelligence Unit (NFIU) 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.”
By Kayode Sanni-Arewa
A former member of the House of Representatives who represented Ondo East and West Federal Constituency in the 7th and 8th Assembly, Hon. Joseph Akinlaja has lost his mother-in-law, madam Rachael Olague, who passed away in Benin City on Tuesday, October 1, 2024.
According to a statement issued by the former parliamentarian and former Deputy President of Nigeria Labour Congress (NLC), madam Olague 79, the mother of Queen Philomena Akinlaja (nee Olague), Nekpen Olague-Nekeve, Eugene Olague, and Andrew Olague was known as an exemplary and kind-hearted mother in her community and also a devout Christian.
“With profound sadness and total submission to the will of Almighty God, my dearest wife Queen Philomena Akinlaja (née Olague) lost her beloved and precious mother, Mrs. Rachael Olague to the cold hands of death on Tuesday, October 1, 2024.
“Mama, who also was my mother-in-law, was a caring mother, grand-mother, and matriarch; her illustrious virtues would be greatly missed.
“She was respected for her wisdom, story telling, compassion, and dedication to charitable causes,” the statement said, adding that many remember her as a source of guidance and support, both within her family and in the wider community in Benin, Edo State.
Akinlaka, a former General Secretary of NUPENG further noted that madam Olague’s shocking and painful exit had since drawn a large gathering of family members, friends and associates paying their condolences and also commiserating with the bereaved family.
Her death, the statement said, was undoubtedly a great personal loss for the family of Olague in Edo State especially the nonagenarian widower, Chief Osa Olague and by extension the entire Akinlaja family.
“We however draw solace from the fact that madam Rachel’s sojourn on earth was impactful and fruitful and it is our belief that she is already resting in the bosom of her Lord. Details regarding funeral arrangements will be shared in due course. We appreciate your love, prayers, and support as we mourn Mama’s passing, as she rests tranquil, in perfect peace. Amen,” the statement concluded.
By Kayode Sanni-Arewa
The Governor of Delta State Rt. Hon.Elder Sheriff F.O Oborevwori has approved the appointment of Prof. Samuel Ogheneovo Asagba as the new Vice Chancellor of the Delta State University, Abraka.
According to a statement signed by the Secretary to the State Government, Dr Kingsley Eze Emu, the appointment will take effect from 1st December, 2024.
A Professor of Environmental Biochemistry and Toxicology, Prof. Asagba had previously served the University in various capacities, including serving as Deputy Vice Chancellor Administration as well as Provost of the defunct Asaba Campus.
… Kalu announces membership of sub-committees
By Kayode Sanni-Arewa
The House of Representatives Committee on Constitution Review has said that it will engage the Nigerian Governors Forum, Nigeria Guild of Editors, Conference of Speakers of State Legislature, Chairmen of the 18 Political Parties, Civil Society Organisations, amongst others, as part of activities for the ongoing review.
The Deputy Speaker and Chairman of the Committee, Hon. Benjamin Kalu who made this known during the committee’s meeting in Abuja, also said that the House will be holding an international legislative dialogue on women on October 28 and zonal public hearings in January.
In his remarks, Kalu assured that the committee is on track to deliver to Nigerians, a new Constitution by December, 2025, noting that the essence of the engagements is to get the input of various stakeholders and brief them on what the committee is doing.
He said that the Committee in carrying out most of its assignments, will be broken down into subcommittees, which will not be exhaustive as additional members will be included later on to ensure that everyone is carried along.
The Sub-committees members according to thematic areas include: Local Government Matters, “Rt. Hon. Julius Ihonvbere, Hon. Onwuzibe Ginger Obinna, Hon. Aliyu Wakili Boya , Hon. Jimbo Inemesiti Clement, Hon. Ibrahim Tukura Kabir, Hon. Abeji Leke Joseph, Hon. Olawuyi Olatunji Raheem, Hon. Ahmed Idris.”
Judiciary, “Rt. Hon. Bello Kumo ii. Hon. Ogene Victor Afamefuna ii. Hon. Manu Zoro Mansur iv. Hon. Agbedi Fredrick Vv. Hon. Benson Babajimi Adegoke vi. Hon. Gbewfi Gaza Jonathan, Hon. Mamudu Abdulahi vili. Hon. Sada Soli.”
Electoral Matters: “Rt. Hon. Ali Abdulahi Ibrahim ii. Hon. Tarkighir Dickson iii. Hon. Aliyu Muhktar Betara iv. Hon. Ofionu Goodwin Odey Ekpo v. Hon. Osoba Olumide Babatunde vi. Hon. Adegboyega Adefarati vil. Hon. Oke Olubusayo Oluwole vill. Hon. Abiodun James Faleke.”
Security Architecture, “Hon. Isa Ali JC li. Hon. Pondi Julius G. ii. Hon. Chinedu Nweke Ogah, Hon. Akpatason Peter, Hon. Olayide Adedeji Stanley, Hon. Ajang Alfred Iliya,cHon. Bob Solomon, Hon. Igariwey Iduma Enwo.”
Gender Issues – “Rt. Hon. Onanuga Adewunmi Oriyomi li. Hon. Rotimi Akintunde Oluwaseun li. Hon. Mohammed Audu iv. Hon. Fatima Talba Vv. Hon. Zainab Gimba vi. Hon. Princess Miriam Odina vii. Hon. Akume Regina viii. Hon. Ogbara Adetola Kafilat.”
Devolution of Powers & Other Special Matters: “Rt. Hon. Chinda Kingsley Ogundu ii. | Rt. Hon Madaki Aliyu Sanni iii. Hon. Obed Paul Shehu, Hon. Amadi Akarachi Etinose, Hon. Fulata Abubakar Hassan vi. Hon. Kabir Amadu vii. Hon. Mohammed Danjuma Hassan viii. Hon. Francis Waive.”
Members of the Committee on Human Rights include: Rt. Hon. Ozodinobi George Ibezimako, Hon. Magaji Amos Gwamina, Hon. Yusuf Rabiu, Hon. Mohammed Abubakar Ahmed v. Hon. Sunday Cyriacus Omehia, Hon. Ajiya Abdulrahaman and Hon. Dasuki Abdlsamad.”
The Deputy Speaker, thereafter assured that clear actionable recommendations from the women summit holding next week will be taken forward in the constitutional alteration exercise.
He added that the summit will help in building of political will and eliciting of commitments from political leaders and stakeholders.
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