The government of Anambra State on Tuesday, October 22, announced plans to withdraw from the suit 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.

There are fresh indications that several bigwigs and chieftains of the Peoples Democratic Party may have resolved to snub former Vice President Atiku Abubakar and settle for the Oyo State Governor, Seyi Makinde, The PUNCH gathered.

The clandestine move comes barely a week after governors elected on the platform of the PDP brokered peace between factions of the party.

Despite the call to maintain the status quo, members of the PDP National Working Committee loyal to the Minister of the Federal Capital Territory, Nyesom Wike, have begun pushing for the candidacy of Makinde, ahead of the 2027 presidential election.

The logic, according to multiple sources that spoke with our correspondent, is to truncate the ambition of Atiku and stop the party from conceding the ticket to the former VP, who they lamented has become a ‘serial contestant.’

Some party chieftains who spoke with The PUNCH on the ground of anonymity admitted that they were yet to forgive the former PDP presidential candidate for bungling their biggest chance to return to power in 2023, following his refusal to appease the aggrieved five governors demanding the resignation of the immediate-past national chairman of the PDP, Iyorchia Ayu.

Wike and Makinde, alongside Samuel Ortom, Ifeanyi Ugwuanyi and Okezie Ikpeazu, former governors of Benue, Enugu and Abia states respectively, had worked against Atiku’s election in 2023.

“Every election cycle, you will be given a presidential ticket; you will bungle it. Look at the mess that he caused for us at the 2023 election. What was difficult in going to kneel before the aggrieved five governors (G-5) and winning the election for us?

“Now, it is one of those same men you cried about that is giving you a problem. He could have waited till after the election and deceived Wike as (former President Olusegun) Obasanjo did during his time. Atiku was not serious and sincere about winning that presidency,” a source explained.

A few members of the NWC, who did not want to be identified, also felt Atiku was always seeking to experiment with the PDP and had not shown enough zeal to win it, following the manner he handled his differences with the camp of Wike and the other four governors during the intrigue of Ayu-must-go campaign.

They also feared that he may no longer be a sellable candidate in 2027 because of his age, hence the need for a younger and more vibrant candidate like Makinde.

“The same (Iyorchia) Ayu he was protecting told us during the campaign that both Atiku and Tinubu are his friends. But you were there playing politics like a greenhorn.

“Just because of Ayu, you sacrificed five governors. There was no way those five governors would not have changed the story for us. We lost the presidential election by less or a little over one million votes.

“That is why we are seeking a way out. Nobody can just be coming and using the PDP to experiment every four years. For now, we are supporting Seyi Makinde. Let this aspiration go to the South West this time. Makinde has shown capacity. He is a Christian and a Southerner.

“Let us try the other side of the country for a change. Seyi is young and vibrant. He can connect with both the young and old. We only need to get a powerful northern candidate for him, and he is good to go,” an NWC member disclosed.

When quizzed on how the narrative moved from talks about the chances of Atiku working together with Peter Obi, who many thought would defect from the Labour Party in the wake of the leadership crisis rocking his party, the PDP chieftain said the former LP candidate was not willing to take the bait.

He said, “On Obi, I can tell you he has not made up his mind to come to the PDP. If he decides today, the equation may change. For now, he is still with the Labour Party.”

Meanwhile, Makinde has openly declared that he is qualified to contest and would push for the 2027 presidential election agenda when the time is right.

Speaking with reporters during a visit to Fashola farm in Oyo town on Friday, Makinde stated that speculations about his political future were unnecessary and unsolicited.

The governor stated that “he is old enough to speak for himself on any issue without fear or intimidation,” adding that he would do so publicly if he had anything to say about his political future.

The governor also cautioned Nigerians against allowing the country to slide into a one-party state.

Efforts to get the reaction of the PDP National Publicity Secretary, Debo Ologunagba and the deputy spokesman, Abdullahi Ibrahim, were unsuccessful.

When contacted, Atiku’s Media Adviser, Paul Ibe, declined to comment on the intrigue.

But the former VP’s Special Assistant on Public Communication, Phrank Shaibu, told The PUNCH that they were not under any form of pressure over the choice of Makinde as was being speculated.

According to him, people should focus on how Nigerians would overcome the current hardship in the land, rather than talk about who should be given the presidential ticket for 2027.

He said, “Who is threatened? We are talking about how Nigerians will survive the economic problems they are facing, some people about 2027. Is it not too early? We are concerned about the welfare of Nigerians. We are not bothered about their machinations.

“It is only a man who doesn’t have the interest of Nigerians at heart that will be talking about 2027, especially when people are dying every day. We are not ready for that drama.”

MTN Nigeria, the country’s largest telecom operator, has stressed the urgent need for the telecommunications sector to return to profitability to sustain its operations.

The Chief Executive Officer of MTN, Karl Toriola, made this known on Monday during a tour of MTN’s facilities by Fellows of the Media Innovation Programme in Ibeju-Lekki, Lagos.

The MTN chief, who has about 78 million subscribers under his watch, pinpointed that the sector has been accumulating significant losses and that immediate action is necessary to reverse this trend.

The operator with a corporate social investment of N2.6bn, according to its 2023 Sustainability Report, is now surviving on the profits it accumulated in about two decades. 

“We must return the industry to profitability,” he stated, emphasising the necessity for reform.

He further elaborated that the company is currently operating on its reserves, which he described as unsustainable in the long run.

Earlier this year, telecom operators renewed calls for a tariff hike—the first increase in 11 years—to address rising operational costs and improve service quality. Without such adjustments, they argued, financial viability and service standards will continue to decline.

Toriola reiterated that the sector faces critical pressures from rising operational costs, including escalating diesel prices required to power base transceiver stations.

He warned, “There should be no delusion; if the tariff doesn’t go up, we will shut down,” underscoring the urgent need for tariff adjustments to reflect economic realities.

Toriola noted that MTN, once one of Nigeria’s top corporate taxpayers, has seen its tax contributions decline as a result of these financial challenges.

Reflecting on their first-quarter results, MTN and Airtel have adopted a cautious approach to capital expenditure for 2024.

Meanwhile, the two other mobile operators in the country, 9mobile and Globacom, are not publicly listed.

In 2024, MTN Nigeria reported a staggering N519.1bn loss in the first half of the year, primarily due to foreign exchange losses stemming from the naira’s devaluation and high inflation rates.

Speaking further, Toriola also warned that it may suspend Unstructured Supplementary Service Data banking services due to the N250bn debt owed by Nigerian banks.

The mobile network operator is seeking regulatory approval to halt support for USSD services used for banking transactions unless the debt is resolved and tariffs are adjusted to reflect the economic realities.

However, Toriola expressed optimism that the new Governor of the Central Bank of Nigeria, Yemi Cardoso, and the Executive Vice Chairman of the Nigerian Communications Commission, Dr. Aminu Maida, would intervene to help resolve the ongoing financial crisis.

He concluded by stressing the critical role the telecom industry plays in supporting Nigeria’s economy, urging the government and regulators to act quickly to prevent the dire consequences of inaction.

The Lagos State Attorney General and Commissioner for Justice, Mr Lawal Pedro (SAN), on Monday, said the toxicology report and other forensic analysis conducted in the United States on the late singer, Ilerioluwa Oladimeji Aloba, alias Mohbad, is out.

He said the autopsy report is now with the Lagos State Pathologist, as well as the coroner magistrate.

Pedro revealed this at a press conference while answering questions from journalists on the upcoming strategic stakeholders’ meeting and commemoration of his first year in office, held at the Ministry of Justice Conference Room, Alausa, Ikeja.

He said, “On the Mohbad case, yes, I agree there has been a delay, and the delay is caused by time taken for investigation.

“Forensic, analysis, toxicology, all these are part of the investigation. Full proof investigation that can lead at least to conviction in a case that is presented before the courts.”

The Attorney General explained that the forensic examination would not have been done in the United States if the Lagos DNA and Forensic Centre had not been burnt during the #EndSARS protest of October 2020.

Speaking on the case of a female lawyer, Otike-Odibi, who killed her lawyer husband, Symphorosa Otike-Odibi, and cut off his manhood, the AG said the matter suffered delay because the case file was among documents that got burnt when the Igbosere High Court was burnt by EndSARS protesters, also in 2020.

He further added that the matter had been reassigned to a new judge, Justice Sherifat Sonaike, following the retirement of the trial judge, Justice Adedayo Akintoye.

He, however, said henceforth, no case would be allowed to last more than 24 months in court.

According to him, a bill for the enactment of the Administration of Civil Justice Law had been forwarded to the state House of Assembly for legislative process.

Pedro said that when the bill was passed into law, litigation in trial courts should not last more than 18 to 24 months and tenancy matters between three to six months.

“The idea is to ensure that no tenant owes his landlord or the landlord is ejecting his tenant when a matter is before the court.

“Notices would be given but we would not allow it to be used as an instrument of oppression by either the tenant or landlord,” he said.

He said no tenant would be allowed to go away with his landlord’s money because the matter was in court.

Pedro said that in the Criminal Justice System, delays in DPP legal advice and prosecution had been addressed.

He added that the Lagos State Criminal Information System had been established to capture photographs and biometrics and identify the cases of all inmates in the correctional centres in the state.

Pedro listed other innovations introduced to include the bill for the establishment of the Lis Pendens Registry on land matters.

“The registry aims to serve as a repository of information on land disputes in our courts to prevent instances of purchase of land that is subject to litigation by unsuspecting purchasers without notice.

“This initiative will not only reduce incidents of third-party interests arising from ongoing court cases but also enhance confidence in real-estate investment within the state,” he said.

Pedro disclosed that another Bill being proposed is the Customary Marriage and Dissolution Registry for the registration of customary marriages and dissolution of customary marriages.

He stated that this would give the people of Lagos State the opportunity to have customary marriage certificates and certificates of dissolution of customary marriages.

The AG noted that Governor Babajide Sanwo-Olu had approved funds for the completion and furnishing of the JIC Taylor Magistrate Court House at Igbosere and the payment of 34 flats official quarters for the magistrates.

He announced the upcoming strategic stakeholders’ meeting scheduled for Wednesday and Thursday.

He said the meeting would strengthen inter-agency collaboration and improve the enforcement of laws throughout Lagos State.

“This gathering is a direct response to the insights gained from the Lagos Justice Summit held in May, where key stakeholders identified the need for enhanced cooperation and coordination within the justice system.

“One of the summit’s primary recommendations was to convene this strategic meeting to elevate the standards of justice and ensure that justice is not merely an ideal but a tangible reality for all residents of Lagos State.

“The meeting will provide a critical platform for engaging with various stakeholders towards harmonising MDA operations to improve service delivery and reduce government liability exposure in land administration, physical planning and environmental management,” he said.

The Pan African Business Forum (AABF) has appointed former Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), as chairman of the the Judicial Review and Transformation of African Committees for the initial renewable term of two years.

Malami served as AGF for eight years in the administration of former President Muhammadu Buhari.

Malami’s appointment was contained in a press statement signed by the Chairman of Pan African Business Forum Dr Ladislas Prosper Agbesi and issued to Journalists by the National Publicity Secretary of Khadimiyya for Justice and Development Initiatives, Ibrahim Abubakar Jombali in Birnin Kebbi.

According to the statement, the appointment was sequel to the Executive Committee Annual General Board meeting held in Johannesburg, South Africa between August 27 to 29th 2024.

The statement added that other appointments approved along with that of Dr Abubakar Malami SAN, during the Annual Board meeting includes that of Pierre Marcel Bonnard as the Executive for New Technology and that of His Excellency Gabriel Mbaga Lima as the Chairman of the Energy and Oil & Gas Infrastructure Committee of PABF.

The statement further indicates that the appointment of the immediate past Attorney General of the Federation and Minister of Justice, Abubakar Malami SAN, reflects his extensive experience in legal advocacy, governance, and his firm commitment to the principles of justice and development across Africa.

As Chairman, Malami will be responsible for overseeing key judicial reviews, ensuring legal standards are maintained, and advising on significant judicial matters within the organization’s member countries.

The Nigerian Armed Forces has issued a stern warning to terrorists operating in Zamfara and surrounding states, urging them to surrender or face the full force of military firepower.

This warning comes as part of the military’s renewed efforts to combat banditry and bring an end to the persistent violence plaguing the region.

The Theatre Commander of the newly launched Operation Fansar Yamma, Major General Oluyinka Soyele, delivered this message during a visit to Governor Dauda Lawal at the Government House in Gusau, the capital of Zamfara State.

According to General Soyele, the terrorists’ only option is to surrender or face elimination.

Zamfara State, located in Northwest Nigeria, has been at the heart of banditry for over a decade, with residents enduring frequent attacks, kidnappings, and killings.

In recent weeks, the Gusau-Funtua Highway has become a hotspot for daily assaults by fleeing terrorists.

General Soyele assured the public that the Nigerian Armed Forces is fully prepared to launch a major offensive against these terrorists, aiming to eradicate them not only from Zamfara but also from the entire Northwest region.

He stressed the importance of local support in achieving success, calling on citizens to provide timely and accurate information about the terrorists’ hideouts.

“We are more committed than ever to make sure that Zamfara State and all other Northwest states and part of the North Central are free from all terrorist activities, we are much more than ready to take the battle to them, it is either they surrender or they die,” Soyele declared.

He further explained that the military is engaging with local communities and village leaders to emphasize the importance of their cooperation.

“We are making efforts to reach out to the local communities and heads of some villages, we are trying to let them know that it is only by their support that will make us overcome the menace of terrorism in the state, it is not by aiding the bandits, alongside kinetic Operation we are also going to conduct non-kinetic operation,” Soyele added.

Governor Dauda Lawal acknowledged the escalating attacks along the Gusau-Funtua Highway and assured the public that his administration is working closely with the military to restore peace and stability to the region.

The establishment of Operation Fansar Yamma was announced by the Chief of Defence Staff, General Christopher Musa, during a recent visit to Zamfara.

This new operation will integrate Operation Hadarin Daji and other ongoing military efforts in the Northwest to form a unified theatre command, strengthening the fight against terrorism and banditry in the region.

The Supreme Court has reserved its judgment on a significant legal challenge brought by 16 state governments against the constitutionality of the laws that establish the Economic and Financial Crimes Commission (EFCC).

The case, presided over by Justice Uwani Abba-Aji and a seven-member panel of justices, reached this phase on Tuesday after extensive arguments from the involved parties’ attorneys.

Originally initiated by the Kogi State Government through its Attorney General and Commissioner for Justice, the suit has seen multiple states join as co-plaintiffs.

The states involved in the suit, marked SC/CV/178/2023, include Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger.

In a turn of events, the Attorneys General of Anambra, Adamawa, and Ebonyi have withdrawn from the case, with the Supreme Court panel granting their request.

The suit addresses critical questions about the federal scope of anti-corruption enforcement, challenging the legal foundation of the EFCC’s establishment under current laws.

The decision of the Supreme Court will be keenly awaited, as it holds substantial implications for federal and state powers in the governance and administration of justice.

…Asks court order to void import licenses

…Demands N100bn damages for alleged sabotage

Dangote Refinery and Petrochemicals said yesterday it was settling out of court with the Nigerian National Petroleum Company Limited, NNPCL, and six others over import licences granted them by the Nigeria Midstream and Downstream Petroleum Regulatory Authority, NMDPRA, to import petrol into the country.

Recall that the company had approached a Federal High Court in Abuja, praying it to nullify the licenses and also award it N100billion damages against the 1st defendant which is the NNPCL
However, in a statement last night, Dangote said it was ready to settle the case amicably with NNPCL and other defendants in what it described as an old case filed in June.

The statement, signed by the Group Chief Branding and Communications Officer, Anthony Chiejine, read: ‘’This is an old issue that started in June and culminated in a matter filed on Sept 6, 2024.

‘’Currently, the parties are in discussion since President Bola Tinubu’s directive on crude oil and refined product sales in naira initiative, which the Federal Executive Council, FEC, approved.
‘’We have made tremendous progress in that regard and events have overtaken this development. No party has been served with court processes and there is no intention of doing so. We have agreed to put a halt to the proceedings.

‘’It is important to stress that no orders have been made and there are no adverse effects on any party. We understand that once the matter comes up in January 2025, we will be in a position to formally withdraw the matter in court.’’

Dangote had in the suit, marked: FHC/ABJ/CS/1324/2024, queried the propriety of the licence issued to the defendants to bring refined petroleum products into the country when there is no shortfall in its production.

Other defendants in the suit are the Nigeria Midstream and Downstream Petroleum Regulatory Authority, NMDPRA, AYM Shafa Limited, A.A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited as well as Matrix Petroleum Services Limited.

The plaintiff is equally praying the court to award N100 billion in damages against the NMDPRA for allegedly continuing to issue import licenses to NNPCL and the other defendants for the import of petroleum products such as Automotive Gas Oil (AGO) and Jet Fuel (aviation turbine fuel) into Nigeria.

It told the court that the licences were issued to the defendants, “despite the production of AGO and Jet-A1 that exceeds the current daily consumption of petroleum products in Nigeria by the Dangote Refinery.”

Specifically, Dangote Refinery, among other things, applied for an order of injunction, restraining the 1st defendant (NMDPRA) from further issuing and/or renewing import licenses to the 2nd to 7th defendants or other companies to import petroleum products.

It further sought general damages in the sum of N100 billion against the 1st defendant, as well as an order of the court directing the 1st defendant to seal off all tank farms, storage facilities, warehouses, and stations used by the defendants for the storage of all refined petroleum products imported into Nigeria.

Other reliefs the plaintiff prayed for, included, “a declaration that by the provisions of Section 8(1) of the Nigerian Export Processing Zone Act (NEPZA), Sections 23(h) and 55(1) of the Companies Income Tax Act (CIT Act), Paragraph 6 of the Second Schedule to the CIT Act, Regulation 54(2)(a)(i) of the Dangote Industries Free Zone Regulation 2020, and the Finance Act, the plaintiff, being an entity duly registered as a Free-Zone Enterprise, is exempted from all federal, state, and local government taxes, levies, and other rates.

“A declaration that it is against the NEPZA Act, CIT Act, Finance Act, and Dangote Industries Free Zone Regulation 2020, as well as legislative intent, for the 1st Defendant to impose or threaten to impose on the plaintiff an additional financial obligation of a 0.5% levy meant for off-takers of petroleum products directly and an additional 0.5% wholesale levy in favour of the Midstream Downstream Gas Infrastructure Fund, MDGIF.

“An order of mandatory injunction directing the 1st Defendant to withdraw immediately all import licenses issued to the 2nd-7th defendants and other companies other than the plaintiff and other local refineries for the purpose of importing refined petroleum products into Nigeria.”

“An order of injunction restraining the 1st Defendant from imposing and demanding a 0.5% levy meant for off-takers of petroleum products directly and an additional 0.5% wholesale levy in favour of MDGIF or any other levy or sum against the plaintiff.”

According to the plaintiff, NMDPRA acted in breach of Sections 317(8) and (9) of the Petroleum Industry Act by issuing licenses for the importation of petroleum products to the defendants.

In the processes filed through a team of lawyers led by Mr Ogwu Onoja, SAN, the plaintiff, such licenses ought to be issued only when there is a shortfall of petroleum products in the country.

It urged the court to declare that NMDPRA violates its statutory responsibilities under the Petroleum Industry Act (PIA) for not encouraging local refineries such as the one owned by the plaintiff.

In an affidavit deposed to by the Group General Manager of Government and Strategic Relations at Dangote Refinery, Ahmed Hashem, he told the court that import licenses granted to other companies by NMDPRA for the importation of AGO and Jet-A1 are crippling the plaintiff’s business which it committed substantial financial resources in billions of US dollars.

He averred that the plaintiff’s products are largely left unpatronized due to the actions of NMDPRA.
More so, the deponent told the court that NMDPRA has threatened to impose and demand a 0.5% levy on the plaintiff on wholesales and off-takers, as well as another 0.5% levy on wholesales to the Midstream and Downstream Gas Infrastructure Fund (MDGIF) via a letter dated June 10, 2024, contrary to statutory provisions that limit the implementation of levies on transactions within Free Zones.

He alleged a grand conspiracy and concerted effort by International Oil Companies and interests, in conjunction with the defendants, who are unhappy that Nigeria has an indigenous refinery ready to solve the lingering energy crisis and save the economy.

“The intervention of the honourable court has become necessary to stem the incessant violation of statutory provisions by the 1st Defendant in favour of other entities such as the 2nd to 7th defendants,” the plaintiff added.

Meanwhile, there were indications that the matter may not be heard by the court as a member of the plaintiff’s legal team, Mr George Ibrahim, SAN, notified the court yesterday that efforts to amicably resolve the issue were afoot.

He said the defendants had indicated their intention to explore an out-of-court settlement.
Consequently, Justice Inyang Ekwo adjourned the matter till January 20, 2025, for a report of settlement.