Today, October 22, is the day that has been set aside by the Supreme Court of Nigeria for the hearing and the consolidation of the suit brought before the Court in the matter between 16 states of the Federation and the Attorney General of the Federation to determine the legality or otherwise, to wit the constitutionality or otherwise also, of the Economic and Financial Crimes Commission (EFCC), the Nigerian Financial Intelligence Unit (NFIU), the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Proceeds of Crimes Act. The suit originally filed by the AG Kogi State- SC/CV/178/2023 - has now been joined by 15 other states. Out of these, 13 are expressly questioning the legality of the EFCC and similar anti-graft agencies, and they are asking the Supreme Court to nullify all such commissions created outside the province of Constitutional provisions. Two states – Ogun and Cross River States are challenging the assumed powers of the NFIU to dictate how much states can withdraw or control with regard to funds appropriated by the House of Assembly.  The co-plaintiffs and those who seek consolidation will appear today before a seven-member panel of the apex court led by Justice Uwani Abba-Aji. This is an interesting development, with regard to the public interest law dimension of the case, and the response from the public and stakeholders have been robust, plus the fact that the enabling framework for public institutions and the Constitution itself end up being strengthened when they are tested and interpreted in the courts. 

The issues in this case can be easily summarized as follows. One, the plaintiffs argue that the EFCC Act is unconstitutional. It is a product of a United Nations Convention against corruption, and was not ratified in accordance with Section 12 of the 1999 Constitution (as amended). Section 12 of the Constitution says no treaty can have the force of law in Nigeria until it is ratified by a majority of all the Houses of Assembly in the Federation. The states argue that the EFCC Act cannot be applied to them because they were not party to it. They argue that the agencies lack the powers and the authority to investigate and prosecute matters related to the misappropriation of public funds. They cite Joseph Nwobike vs FRN as the authority to back up their claim.  The Defendant, the Attorney General of the Federation argues that the concurrence of the states as stakeholders was not necessary to make the EFCC Act valid.  Two, at least three states argue that the NFIU cannot investigate, requisition documents, arrest, or invite anyone with regard to how the states manage funds. Three, the states insist that they have the right to establish their own anti-graft agencies and not be answerable to any federal agency since this is a Federation.  

The case has generated considerable interest from both lawyers and non-lawyers alike with everyone trying not to pre-empt the Supreme Court. But the point has been well made that this is not the first time that the legality of the EFCC, and the NFIU et al. has been raised and that there are precedents.  Analysts have cited the cases of Olafisoye v. FRN (2004) where the court upheld the powers of the anti-corruption agencies to do their work, and AG Ondo State v. AG Federation (2002) where the court ruled that the National Assembly has the powers to legislate on corruption related matters with regard to Section 15(5) of the 1999 Constitution, and Section 4(2). In Olafisoye’s case, the Supreme Court ruled that the National Assembly has the exclusive powers to legislate over corruption matters which would seem to nullify the claim by the states that they would rather establish their own anti-graft agencies. The objection to the NFIU is rooted in the desperate attempts by the states to control local government funds and defeat the goals of financial autonomy for local councils. In 2019, the state governments had a running battle with the NFIU which had given a directive that no state government must touch funds meant for the local councils. The NFIU gave specific guidelines that the states should transfer funds meant for the councils accordingly and that withdrawal from the same account by the local councils must not exceed N500, 000 per day. Withdrawals must also be duly reported to the NFIU. The Governors insisted that the states-local councils joint account is a creation of the constitution and it was wrong to describe the local government system as a third tier of government. The Nigerian Governors Forum sued the FG and NFIU. In 2022, Justice Inyang Ekwo of the Federal High Court, Abuja ruled in favour of the defendants. Again in 2024, the Supreme Court further affirmed the financial autonomy of the country’s 774 local governments. It is therefore not surprising that the states and the Governors who have turned the local councils into mere appendages are now also approaching the Supreme Court. In both major issues, the plaintiffs seem to have found a loophole in the enabling acts of the anti-graft agencies which they hope to put through the furnace of judicial test. 

Two legal luminaries, both Senior Advocates of Nigeria – Dr. Olisa Agbakoba and Mr. Femi Falana have offered their perspectives on the subject. Agbakoba, in separate letters titled “Re: Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts” written to the Senate and the House of Representatives, without holding brief for the state governments, submitted that the EFCC was “unconstitutionally established” and hence, “an unlawful organization”. He said the National Assembly acted ultra vires, simply exceeded its authority under Section 4 of the Constitution, and that is why the states are challenging the validity of the EFCC. Agbakoba SAN made specific demands: (a) that the enabling framework setting up the EFCC has to be reviewed because the EFCC appears to be working at cross-purposes with the Nigeria Police Force; (b) that the National Assembly should organize a public hearing to consider constitutional issues to discuss needed reforms in line with section 13 of the Constitution; (c) that the National Assembly should reform the EFCC by clearly defining its mandate to prevent future abuses.   When he appeared on Arise News flagship programme, The Morning Show, Agbakoba went a step further, by reminding everyone that the EFCC legislation was passed in two days in 2003- the fastest legislation ever passed in Nigeria (!), and many mistakes were made. He wants the mistakes in the EFCC Act reviewed. But the high point of the interview was when Dr. Agbakoba, saying the EFCC has not been effective, railed: “These guys are terrorists; in my view they terrorize us; they use their might in their red coats to terrorize us. Once you say EFCC, you are scared. That is not what a law enforcement agency should be. They ought to be better.”

Femi Falana SAN, disagrees with some of the points raised by his brother Silk. He has also written his own separate letters to the Senate and the House of Representatives to counter Agbakoba’s submissions. He said that contrary to Agbakoba’s claim, the Supreme Court has consistently supported the ICPC and the EFCC (Nyame vs. FRN; AG Ondo vs. AG Federation); and that no illegality can be established with regard to claims about violations of the principles of federalism (Olafisoye vs FRN). Falana further contends that it is the duty of the state to “abolish all corrupt practices and abuse of power” and that the EFCC is a common agency with constitutional authority. He deplores the attempt by the state governments to frustrate the prosecution of public officers. Falana’s main conclusion is that the National Assembly should entrench the legality of the EFCC and ICPC in the Constitution as part of the ongoing Constitution amendment process – a point to which Agbakoba says he concurs. 

Having thus raised the facts of the case, the issues involved, rules as established in precedents, and expert opinions of senior counsel, it remains for us to await the ruling of the Supreme Court exercising its original and inherent jurisdictions in what is clearly a matter of public policy. Despite the precedents that have been quoted, it is up to the Justices of the apex court to either affirm or reverse themselves. Nonetheless, certain conclusions can be reached. 

It must be remembered that in 2003, Nigeria was heavily in debt to the tune of about US$35. 9 billion. The Obasanjo administration embarked on the historic and important mission of getting debt relief for the country. The country was spending more on interest payments for its debt, with debt to GDP ratio at about 58%. Nigeria needed help and President Obasanjo was committed to getting help to rescue the country. In October 2000, the Obasanjo administration established the Debt Management Office (DMO). The country’s efforts to secure debt relief soon met a brickwall, when the Paris-based Financial Action Task Force (FATF) grey-listed Nigeria along with 22 other countries, that is countries that could not combat financial crimes like corruption and money laundering as well as terrorism financing. To make progress the Nigerian government had to set up anti-corruption agencies - the EFCC and the ICPC. Both bodies were products of expediency, but the outcomes were pleasant. In October 2005, Nigeria and the Paris Club reached a final agreement of $18 billon debt relief and reduction of Nigeria’s debt stock by $30 billion. About 18 years later, it is most unfortunate that Nigeria’s external debt has since crossed the $41 billion mark! The country is back in the debt trap. In the intervening years, the EFCC traced about N776 billion fraud cases, stolen only by public officials. In 2024 alone, this year, the EFCC has secured 3, 175 convictions and recovered N156 billion. 

So, is this a case of corruption fighting back? Dele Oyewale, EFCC spokesperson claims that there is a push-back against the EFCC because it has been so effective. We must note the concern that has been expressed however that the EFCC has been too histrionic in its efforts and selective in its operations creating the impression that it can be used as a tool of political witch-hunt by whoever is in power at the centre. Some past Governors are shielded from prosecution while some others are specially targeted. What the EFCC requires is to be seen to be fair to all parties concerned and be above board. Fairness is at the heart of any justice administration process. This is what Agbakoba SAN alludes to when he dismisses the EFCC as a terror organization. The National Assembly has been accused of not following due process in establishing the EFCC, but even if that were established, would that render all acts by the EFCC and other anti-graft agencies a nullity? Under the doctrine of covering the field, the validity of the exercise of the National Assembly’s powers under Section 4 of the 1999 Constitution can be upheld. The state has a responsibility to check corruption, and over the years, we have seen the ingenuity of Nigerians in both public and private places to take what is not theirs. The closer many Nigerians get to the proverbial national cake, the more covetous they become. Agbakoba says “once you say EFCC, you are scared”. Well, the situation is so bad, somebody needs to scare Nigerians. Even with the best efforts of the various anti-graft agencies, Nigeria has consistently ranked poorly on the Global Transparency Index. The country grapples with a worsening reputational damage. 

We should therefore not throw the baby away with the bath water. Nigeria needs the anti-graft agencies now more than the country did in 2003. Indeed, in February 2023, the FATF added Nigeria again to the list of countries that have been grey-listed. The country is required to implement an action plan comprising 19 items before May 2025 to avoid the certain prospect of moving from “the Grey List” to the “Black List.”  This certainly is not the best of times for Nigeria to start talking about nullifying its anti-graft agencies. Perhaps, the better option lies in the middle ground between Agbakoba and Falana. 

Agbakoba is right when he says the EFCC is in urgent need of reform. The agency must be seen to be acting always within the ambits of the law. In recent times, EFCC officials showed too much overzealousness, exposing the institution to public ridicule and the derision of the persons they had declared wanted. For example, the former Kogi Governor Yahaya Bello who had been declared wanted by the EFCC showed up at the EFCC headquarters only to be told by the people who had declared him wanted locally and internationally to go back home. Then, in the evening of the same day, they went hunting for him, shooting in the air, and terrorizing the public. Just in case there are too many people in the EFCC who are addicts of Hollywood and Nollywood films, they should be re-directed to where they can make the best use of their talents. Such persons tend to turn EFCC operations into movie-like engagements. Nollywood is a fast-growing industry that can accommodate more talents. The EFCC should stay firmly on the path of professionalism. 

Both Falana and Agbakoba agree that there is a need to “constitutionalize” the EFCC. This is important. Whatever grey areas may exist in the enabling acts of the anti-graft agencies can be corrected through amendments to constitutional provisions and the acts. The EFCC, ICPC, NFIU should see the latest development not as evidence that they are working so that is why they are being resisted. This should be an opportunity for soul-searching and reflection, and a re-dedication to core organizational goals and objectives.  Nigerians are calling for the abolition of the agencies because of shortcomings that they have observed. EFCC officials are known, for example, for engaging in all kinds of tactics. At a point, the EFCC Chairman himself had to complain that there are corrupt elements in the EFCC. Going forward, EFCC officials must be made to declare their assets. People fighting corruption must not be seen to be living above their means. Many Nigerians wonder why anti-corruption agents become so rich.  This was how the police lost the trust of the public. EFCC officials must focus on their core task of fighting financial and economic crimes. They should not allow themselves to be used as debt recovery agents looking for commissions. They must stop media trial. They must stop supporting politicians as they were accused of doing in the last general elections. There is a Manual on operational guidelines for the EFCC prepared by the Office of the Attorney General of the Federation and Minister of Justice. They must abide by those guidelines, and resist the temptation to become an organization where anything goes. The EFCC needs its own ombudsman to make it more professional, ethical and law-abiding.   

Global Energy Alliance for People and Planet (GEAPP), an organisation founded by Bezos Earth Fund, the Rockefeller Foundation and Ikea Foundation, are piloting a solar mini-grid programme in Nigeria to address unreliable electricity and boost productivity.

Bezos Earth Fund was founded by Jeff Bezos, a United States billionaire, and the Rockefeller Foundation was established by the late American industrialist, John D. Rockefeller, while the Ikea Foundation was formed by the late Swedish businessman, Ingvar Kamprad.

In a report on Monday, Bloomberg said GEAPP, formed in 2021, has a programme, demand aggregation for renewable technology (DART), which lowers solar equipment costs by pooling developers’ needs and also offers a $25 million financing facility for equipment imports, repayable in naira.

Speaking during an interview at one of the project sites in Ogun State, Muhammad Wakil, GEAPP’s country delivery lead, said the pooling arrangement provides savings of up to 30 percent for developers.

“GEAPP provides grants, loans, and technical assistance to mini-grid developers, taking advantage of a government rule introduced last year that allows mini-grids to operate alongside national grids. This programme’s success has led the World Bank to pledge $130 million for similar facilities,” Wakil said.

“The site in Ogun State is a one-megawatt solar mini-grid built by Darway Coast, a Nigerian mini-grid company. By the end of the year, it will provide the local community with 24-hour electricity, replacing the eight hours currently supplied by Ikeja Electric Plc.”

The publication also reported that GEAPP helped build the first interconnected mini-grid in December in Nigeria, adding that two more are under construction, with funding available for a fourth.

The facilities, according to the report, are operated by private developers and supplement the limited hours of supply from the national grid to power businesses and homes continuously.

‘NIGERIA NEEDS THOUSANDS OF SIMILAR PROJECTS TO ELIMINATE ENERGY POVERTY’

Wakil said thousands of similar projects are needed across Nigeria to eliminate energy poverty.

He explained that, initially, GEAPP aims to build a pilot project in each of the regions served by Nigeria’s 11 power distribution companies (DisCos), with a long-term plan to facilitate 10 gigawatts of mini-grids, however, the programme complements efforts to establish mini-grids in areas without access to the national power grid.

“We need hundreds or thousands of these kinds of projects across Nigeria to end energy poverty,” Wakil said.

“We have shown it’s a viable business model.”

According to the report, Fatima Haliru, power purchase manager at Ikeja Electric, said everybody is open to creating energy and selling to customers based on the provision of the Electricity Act.

Haliru said instead of engaging Darway as competitors, “it’s better to engage them as partners”.

An investigative panel says it has found no evidence that Idris Okuneye, a popular crossdresser known as Bobrisky, slept outside the prison walls after she was sentenced. 

Bobrisky was released from prison on August 5 after she was sentenced to six months on April 12 for abusing the naira.

Olubunmi Tunji-Ojo, minister of interior, had ordered a probe after VeryDarkMan, an activist, shared a video in which Bobrisky purportedly claimed that she bribed some Economic and Financial Crimes Commission (EFCC) officials to drop the money laundering charge against her.

In the footage, a voice allegedly belonging to Bobrisky also claimed that a “godfather”, alongside Haliru Nababa, the controller general of the Nigerian Correctional Service (NCoS), ensured she served the six-month sentence in a private apartment and not in prison.

On September 30, Tunji-Ojo constituted an investigative panel chaired by Magdalena Ajani, permanent secretary of the ministry of interior, on ‘Alleged Corruption & Other Violations Against the Nigerian Correctional Service’.

Reading the phase one report of the panel at the ministry of interior on Monday, Uju Agomoh, executive director and founder of Prisoners’ Rehabilitation and Welfare Action (PRAWA), said the panel “did not find any evidence thus far that suggested that Mr Okuneye slept outside the custodial centre during the period of his imprisonment, which was from 12th April 2024 to the 5th August 2024, which is a six-month correctional sentence with the usual remission applicable”.

Agomoh said during this period, Bobrisky was transferred from the Kuje Custodial Centre to Medium Security Custodial Centre in Kirikiri-Apapa, Lagos; and then to the Maximum Security Custodial Centre, from where she was discharged after completion of her sentence.

The panel, however, said the cross-dresser’s transfer to a maximum security facility as a first offender violated Section 164A and Section 164B of the Nigerian Correctional Service Act of 2019.

“The panel also found that Mr. Okuneye Idris enjoyed several privileges while in custody, both at the Medium Security and the Maximum Security Custodial Centres, which include, especially the following: furnished single cells, humidifier, lots of visits by his family members and friends as he desired, self-feeding, designated inmates to run errands for him, access to fridge and television, and possibly access to his phone,” the statement reads.

“It is necessary to further investigate if the above privileges provided for Okuneye Idris were financially motivated and based on corrupt practices by correctional officers.

“The panel believes that the peculiar case of the inmates and the inmates’ physical look and behaviour pose a threat, and the lack of laid-down rules for the treatment of such a case may have necessitated such privileges to be granted to Okunenye Idris.

“The panel recommends that clear guidelines need to be set up to guide operations regarding such incidents in future.

“Steps should be taken to avoid the obvious discriminatory practices in relation to the socio-economic levels and other status of inmates.”

The National Drug Law Enforcement Agency (NDLEA) says Oyelola Yisa Ashiru, deputy majority leader of the senate, is “bad-mouthing” it because drugs were allegedly found in his home.

Last week, Ashiru, senator representing Kwara south, said the agency is the “most corrupt and compromised government agency” in the country and there is a need to establish a new organisation to curb drug addiction and trafficking.

The senator was contributing to a debate on a bill seeking to establish an institute for drug awareness and rehabilitation.

During that debate, Kawu Sumaila, senator representing Kano south, alleged that the homes of some politicians are being used to stockpile narcotics.

Addressing a press conference in Abuja on Monday, Femi Babafemi, NDLEA’s director of media, said Ashiru’s outburst was because of his grouse with the agency.

“The personal house of the senator in GRA Ilorin, the capital of Kwara State, had been raided in recent past, where drugs and illicit substances were recovered while two of his aides: Ibrahim Mohammed and Muhammed Yahaya were arrested,” Babafemi said.

“Based on credible intelligence and surveillance which confirmed that the senators house was being used as a drug joint for drug dealers and users, the house was raided by our operatives at 1:30pm on February 4, 2024 during which the two aides were arrested, while a third suspect escaped arrest.

“So, going by this backstory, it is deductible that these encounters that the Agency has had with the senator, must have been responsible for his outburst, and unfortunately, false allegation, the type that nobody within and outside of government has ever levelled against NDLEA before.

“Suffice it to say that in the past three years, NDLEA has emerged as a regional leader among national drug law enforcement agencies. So, come to think about it, an agency so badmouthed by Senator Ashiru couldn’t have been attracting such international goodwill and commendation for being the “most corrupt government agency” in Nigeria.

“Against the background of our encounter with people linked to him, we are wont to believe that Senator Ashiru’s invectives against NDLEA were borne out of vendetta and not any opinion made in the public interest.”

The director said in the past three years, the NDLEA has made over 52,000 arrests and secured more than 9,000 convictions.

The Lagos State Emergency Management Agency (LASEMA) says its operatives have found a lifeless body of a man on the Ikeja railway track, in Agege area of the state.

Nosa Okunbor, head of LASEMA’s public affairs unit, said investigations showed that the man was hit by a moving train in the early hours of Monday.

He said the body has been deposited at the morgue.

“On arrival of the Eagle response team at the incident scene by 0902hrs, LRT discovered the body of an adult male laying dead on the railway track,” he said.

“Further investigations by the Eagle Response Team revealed that the adult male was reportedly hit by a moving train in the early hours of the day.

“Unfortunately, an unidentified adult male lost his life to the incident. The Agency’s response team recovered the body from the railway tracks.

“The response team bagged the commodity and handed it over to the State Environmental Health Monitoring Unit, SEHMU. SEHMU has transferred the commodity to the morgue for further processing.”

The agencies that responded to the incident include LASEMA Response Team, Nigeria Railway Corporation, (NRC), and Lagos Neighborhood Safety Corps (LNSC).

The Yobe police command says it has arrested a woman identified as Hamsatu Modu for allegedly trafficking 350 rounds of ammunition in the state.

In a statement on Monday, Dungus Abdulkarim, Yobe police spokesperson, said a suspect was caught transporting the arms from Buni Yadi to Damaturu, the state capital.

Abdulkarim said Modu was arrested following credible intelligence about the suspect’s movement.

“On October 20, 2024, at about 1830 hours, ‘A’ Divisional Police Headquarters, Damaturu, received credible intelligence regarding a suspected gunrunner en route to Damaturu,” the statement reads.

“Swift action led to the interception of a Golf 3 saloon car, and a thorough search revealed 350 rounds of live 7.62×39 MM ammunition concealed in the suspect’s luggage.”

The spokesperson said that the suspect is being interrogated to “uncover the motives and dismantle the underlying criminal organization.”

Garba Ahmed, Yobe police commissioner, reaffirmed the command’s commitment to combating crime.

He called for the cooperation and vigilance of residents against suspicious activities in their neighbourhoods.

The Economic and Financial Crimes Commission (EFCC) says those challenging its legality are “feeling the heat” of anti-graft war.

In an interview with Channels Television on Monday, Wilson Uwujaren, EFCC’s director of public affairs, said the agency is “worried and shocked” about the suit in view of the “corruption problem” in the country.

BACKGROUND

Recently, attorneys-general of 16 states of the federation filed a suit challenging the constitutionality of the law establishing the EFCC.

The states argued that in enacting the law in 2004, 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.

They noted that the EFCC Act cannot be applied to states that did not give their consent to its creation.

The supreme court had fixed October 22 to hear the suit filed by the 16 states.

In two letters addressed to the constitution review committees of the senate and house of representatives, Olisa Agbakoba, a former president of the Nigerian Bar Association (NBA), said EFCC was not constitutionally established.

Femi Falana, a human rights lawyer, and some civil society organisations have faulted the suit.

‘NIGERIA CAN’T SURVIVE WITHOUT US’

Uwujaren said the establishment of the EFCC followed due process in the national assembly while calling on Nigerians to reject the move to “derail” the operations of the agency.

“I am worried that with the kind of problem we have with corruption in this country, some people will go to court to challenge the legality of EFCC,” he said.

“What you see playing out today is simply people who are feeling the heat of the work of the EFCC, and they simply want to derail what is going on within the EFCC. They see EFCC as a threat.

“Nigerians should see through the gimmick of those who are behind the suit on the legality of the commission.

“We are really 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 with the kind of corruption problem that we have in this country. Nigeria cannot do without the EFCC.”

EFCC was established December 12, 2002 following an act of national assembly under the administration of former President Olusegun Obasanjo.

Senate President, Godswill Akpabio has stated that the current economic hardship being witnessed in the nation cannot be attributed to the Tinubu-led administration.

Akpabio expressed this thought at the 2024 reunion of the UNICAL '87 Law Class over the weekend.

According to him, with President Bola Ahmed Tinubu in power, there is light at the end of the tunnel because his administration will leave behind lasting legacies that will guarantee the future of Nigerians.

“The difficulties we are witnessing in our nation today were not caused by the present administration. These are as a result of years of maladministration. Any country that does not have backbone infrastructure, you don’t have something to develop, you don’t save for the raining day, when there is economic malaise such as we are witnessing in the world today, such country is bound to be affected.

The good news is that under President Bola Ahmed Tinubu, we have hope today, that there is light at the end of the tunnel.

The things that we are trying to do now, we are doing  for posterity. Not for ourselves. Be assured that this administration will leave behind lasting legacies that will guarantee a better future.”