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Don’t desecrate the courts while fighting corruption, anti-graft CSOs caution EFCC, others

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7 months ago

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Don’t desecrate the courts while fighting corruption, anti-graft CSOs caution EFCC, others

. Say ‘rush to arrest ex-Kogi Gov despite pending Appeal Court hearing suggests political persecution’

. Warn against ‘breaking a law to enforce another’

 

Anti-Corruption Civil Society Organisations have advised the Economic and Financial Crimes Commission not to desecrate the courts in the course of carrying out its constitutional role of fighting corruption.

The CSOs and human rights crusaders cautioned the EFCC and other anti-graft agencies against trampling on the rights of supposed suspects of corruption in order to avoid breaking a law to enforce another law.

The activists, who spoke at an emergency press briefing in Lagos on Thursday, noted specifically that the recent public face-off between the EFCC and a former Governor of Kogi State, Alhaji Yahaya Bello in Abuja, was “both unnecessary and unfortunate.”

The Executive Chairman of the Centre for Anti-Corruption and Open Leadership (CACOL), who addressed the press, suggested that the rush
by the EFCC to make an arrest, when the Court of Appeal hearing on its application to vacate the restraining order was just in a few days, might give credence to allegations of political persecution.

“Mr. Olukoyede is my friend. But if he begins to trample on the rule of law, then that’s the terminal point of our friendship,” Adeniran said.

The CSOs noted that the EFCC’s action on Wednesday was “tantamount to the agency preempting the outcome of its appeal and also violating a subsisting and valid court order to pause action pending the determination of the case before it.”

“Our layman’s understanding is that a Court of coordinate jurisdiction cannot assume superiority over another,” they noted.

Gbenga Soloki of the Centre Against Injustice and Domestic Violence, who also spoke, said civil societies in Nigeria would protest vehemently against any attempt to use the military to arrest an individual who had not been accused of treason.

“It is extremely disappointing to hear this afternoon that EFCC is threatening to involve the military in their desperation to forcefully or violently arrest an individual who has not been alleged of treason.

“Should that happen, we will be a laughing stock globally. Civil society will be active in protesting against such unforgivable infraction on our democracy should it happen as threatened. It should better not happen,” he said.

Adeniran stated, “We do not consider Yahaya Bello a saint, but even the devil deserves his rights under the law. Court documents at our disposal show that the former Governor had obtained a High Court restraining order on the EFCC not to arrest or prosecute him pending the determination of a case of the enforcement of his fundamental human rights, which the Commission has rightfully appealed with the intention of vacating.

“The Commission has done very well up to this point following the due processes of law because without vacating that order, it cannot proceed with arresting the suspect.

“According to available court documents, hearing on the appeal has been slated to come up on Monday April 22nd in Abuja. However, suddenly yesterday (Wednesday) the news of the foiled arrest of the former Governor by the Commission went viral. One would have expected the Commission to wait for the determination of its own appeal before going after the suspect.

“We think it is an abuse of court processes to ignore a court order still on appeal at the instance of the Commission and to obtain a warrant of arrest from another court on the same suspect.”

The CSOs urged the EFCC to fight, prevent and prosecute corruption cases strictly within the ambit of the law set up to regulate the interaction between them and corruption suspects.

They noted that laws, including the Nigerian criminal justice system regulations and court processes, were meant to be obeyed non-selectively by both state and non-state actors.

The CSOs recalled that when the current Chairman of the EFCC, Ola Olukoyede, came on board last year, one of his promises was to operate strictly within the rule of law.

“For those who are likely to misinterpret this intervention as it is their regular trademark, this goes beyond Yahaya Bello. Injustice to anyone should not be allowed to stand because it may be your turn tomorrow,” they noted.

The activists therefore urged the EFCC to revert to status quo antebellum pending the determination of its appeal and a vacation of the restraining order placed on it, saying “that is the way and dictate of the law.”

The press conference was attended by Comrades Debo Adeniran, Executive Chairman, Centre for Anti-Corruption and Open Leadership CACOL); Sina Loremikan, (Campaign Against Impunity); Declan Ihekhaire, (Activists for Good Governance); Gbenga Soloki, CADOV; Ochiaga Ohaneze, (Ohaneze Youth Council); Funmi Jolade, (Women Democratic Vanguard); Kola Abe, (Centre for Socioeconomic Rights); Ologun Ayodeji, (Transparency and Accountability Group); Femi Lawson, (Centre for Public Accountability) and Gbenga Ganzallo (Media Rights Campaign), among others.

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Sahara weekly online is published by First Sahara weekly international. contact [email protected]

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Supreme Court’s validation of EFCC, others, we have been vindicated’ – Oladele

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15 minutes ago

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November 18, 2024

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Supreme Court’s validation of EFCC, others, we have been vindicated’ – Oladele

 

The former Chairman of the House of Representatives Committee on Financial Crimes, Hon. Kayode Oladele, has lauded the recent Supreme Court judgement dismissing the suit filed by 19 states of the federation challenging the establishment and prosecutorial powers of key anti-corruption agencies of the federal government; the Economic and Financial Crimes Commission, (EFCC), Independent Corrupt Practices and Other related Offenses Commission (ICPC) and the Nigerian Financial Intelligence Unit, (NFIU).

The 19 states, led by Kogi State had approached the Apex Court in Nigeria to seek judicial interpretation and judgement on the existence and prosecutorial authority of the anti-corruption agencies in the states stating that a UN Convention against corruption had led to the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the Nigerian Constitution was not followed.

However, in a landmark judgment delivered on Friday, November 15, 2024 by a seven-member panel, led by Uwani Abba-Aji, the Supreme Court ruled that the laws establishing the EFCC and other anti-graft agencies were validly enacted by the National Assembly within its legislative competence. The Court, while striking out the case for lack of merit, pronounced as “selfish” the motives of the state governments challenging the establishment of the anti-graft agencies.

In a statement, Oladele stated that the decision of the Supreme Court is a “vindication of our position that Nigeria operates a co-operative federalism as opposed to dual federalism and under the co-operative federalism as practiced in Nigeria, some agencies like the EFCC, ICPC and NFIU are common agencies for both the Federal and State Government and such, the EFCC is qualified as any other authority to institute criminal proceedings under section 174(1)(b) and section 211(1)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)”.

Oladele also believed that, the decision is another bold step towards enhancing the operational capacities of the anti-graft agencies in Nigeria. It has finally put to rest the desperation by some powerful forces to truncate the federal government’s efforts in fighting and taming the monster of corruption in the country and I have no doubt in my mind that the judgement will further enhance and strengthen the operational capacity of our anti graft agencies”.

“By this judgement, the investigative and prosecutorial powers of EFCC and ICPC over crimes committed at both the states and federal levels have been affirmed and our arguments have been sustained by the Supreme Court”, Oladele added.

It could be recalled that both Mr. Femi Falana, SAN and Hon. Kayode Oladele had locked horns in recent times with and the former President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba SAN over the constitutionality of the EFCC. While Mr. Agbakoba had argued in a letter to the National Assembly that
the EFCC was unconstitutionally established as “the powers under which it was established go beyond the powers of the National Assembly” and therefore, should be abolished; both Falana and Oladele had posited that the view expressed by Agbakoba “did not have any legal backing and therefore unsupportable in law and practice, but mere sophistry”.

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Grace Nation Global: ideas roles the World – Dr Chris Okafor

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3 hours ago

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November 18, 2024

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Grace Nation Global: ideas roles the World – Dr Chris Okafor.

How wealthy you are is determined by the People around you, the kind of People you relate with, also your state of Poverty is also determined by whom you mingled with, therefore Money is not meant to be chased but attracted.

This is the foundation raised today the 17th November 2024 at the Special Anointing of Feet and Money service held at the international Headquarters of Grace Nation world-wide aka Liberation City in Ojodu Berger Lagos Nigeria.

Teaching on the Topic Dimension of wealth through influence and Connections, Senior Pastor Grace Nation Global also known as the Generational Prophet of God Dr Chris Okafor stated clearly that Wealth mindset is built around ideas, when you mindset want to be poor, there is nothing you can do, Poverty will be Evidential in your life but with your determination to make wealth your mindset focus on the people and environment that will Make your dreams comes true, that will be your target.

The clergyman emphasised that when God wants to bless you, he does two things which are spiritual, first, God will connect you with influential people.

God blesses people through connecting them with there helpers of destiny, Mind you, Connection is stronger than contact, when you check your contact but are not connected with the contact, it becomes fruitless effort, but when you are connected Angel called money will be residing in your abode.

Spiritually God sent the Angel called Money to people basically because of their commitment in the vineyard, when you do God’s Wishes, he pays your bills therefore, your ideas and commitment can influence God’s Greatest dimension of wealth in your life, The Generational Prophet of God Dr Chris Okafor remarked.

Special feet washing exercises took place as God servant anointed Money with Prophetic declaration of miracle money to faithful, The Man of God declares that between now and the end of the year many Millionaires will spring up within Grace Nation international citizens.

Different kinds of miracles took place at the service, Deliverance, healing and restoration of Glories, Miracle Babies were also released by Elohim while the Kingdom of God received New Convert, as they give their life to christ,to the Glory of God…

Grace Nation Global: ideas roles the World - Dr Chris Okafor

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The Role of Certificate of Occupancy in Property Valuation Method in Nigeria by Dennis Isong

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1 day ago

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November 17, 2024

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The Role of Certificate of Occupancy in Property Valuation Method in Nigeria by Dennis Isong

In Nigeria’s real estate landscape, property valuation serves as a crucial process that determines the worth of a property for various purposes, including buying, selling, and securing loans. One significant document that plays a pivotal role in this process is the Certificate of Occupancy (C of O). This legal document, issued by the state government, confirms an individual’s right to use and occupy land for a specified period.
Understanding the interplay between the C of O and property valuation is essential for investors, developers, and homeowners alike, as it can significantly influence market perceptions and property prices.
Understanding the Certificate of Occupancy
The Certificate of Occupancy is a legal document that signifies ownership and the right to occupy land. In Nigeria, land ownership is primarily governed by statutory laws, customary laws, and the Land Use Act of 1978, which mandates that all land in urban areas is owned by the government. Thus, the issuance of a C of O is necessary to establish a legal claim over any parcel of land.
Obtaining a C of O is a comprehensive process that involves several steps, including land survey, payment of necessary fees, and completion of relevant documentation. Once issued, the C of O provides security to the landowner by guaranteeing their rights against unlawful eviction or encroachment. This security is a significant factor in property valuation. Properties with a valid C of O are generally seen as more valuable and less risky compared to those without, as the certificate signifies legal recognition and ownership rights.
C of O and Market Perception
The presence of a C of O can significantly influence market perception and the demand for a property. Properties with a valid Certificate of Occupancy are typically viewed as more desirable by potential buyers and investors. This perception stems from the legal security that a C of O provides. Buyers are more likely to invest in properties with a C of O because they have assurance that their rights are protected, and the likelihood of disputes regarding ownership is minimized.
Moreover, lenders and financial institutions often require a C of O before approving loans for property purchases or developments. A valid C of O enhances the credibility of the property, making it easier for buyers to secure financing. This accessibility to finance, in turn, can lead to increased property demand, thereby driving up its valuation. Conversely, properties lacking a C of O may be perceived as risky investments, resulting in lower valuations and reduced buyer interest. Thus, the C of O serves as a critical indicator of a property’s reliability and marketability.
C of O in the Property Valuation Process
In the property valuation process, a valuer considers various factors to determine the value of a property. These factors typically include location, size, condition, and comparable sales in the area. However, the existence of a C of O is often a prominent consideration. During the valuation process, valuers will assess the C of O to ascertain the legal standing of the property. A valid C of O not only confirms ownership but also indicates compliance with local land use regulations, zoning laws, and building codes.
Valuers may also take into account the duration of the C of O. In Nigeria, a C of O is usually granted for 99 years, and this long tenure can positively influence a property’s valuation. The security provided by a long-term C of O assures potential buyers of their rights over the property for an extended period, making it a more attractive investment. Conversely, properties without a C of O, or those with expired or disputed certificates, may be valued lower due to the inherent risks associated with such properties.
Furthermore, a C of O can impact future development potential, which is a crucial aspect of property valuation. Properties with a valid C of O are more likely to receive the necessary approvals for development or alteration, while those without may face legal hurdles. This potential for development can enhance the property’s value, as it indicates future income generation possibilities. Consequently, valuers consider the C of O as a critical factor that influences the overall worth of the property in the market.
Challenges and Implications of C of O in Property Valuation
Despite its importance, the C of O is not without challenges. The process of obtaining a C of O can be lengthy and complex, leading to delays in property transactions. In some cases, disputes over land ownership can arise, particularly in areas where customary land tenure systems are prevalent. These disputes can complicate the valuation process, as properties with contentious C of Os may be difficult to sell and consequently valued lower.
Additionally, the presence of a C of O does not automatically guarantee a problem-free investment. Factors such as environmental issues, development restrictions, or changes in land use policies can affect property value. Valuers must therefore conduct thorough due diligence, considering not only the existence of a C of O but also any associated risks or liabilities.
In conclusion, the Certificate of Occupancy plays a crucial role in property valuation methods in Nigeria. As a legal document that signifies ownership and security, it significantly influences market perception and property demand. Valuers must consider the C of O when assessing a property’s value, as it reflects the legal standing and development potential of the land. However, challenges associated with the C of O, such as ownership disputes and regulatory complexities, must also be navigated to ensure accurate valuations. For stakeholders in the Nigerian real estate market, understanding the importance of the C of O is vital for making informed investment decisions and maximizing property value.
Dennis Isong is a TOP REALTOR IN LAGOS.He Helps Nigerians in Diaspora to Own Property In Lagos Nigeria STRESS-FREE. For Questions WhatsApp/Call 2348164741041

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