society
Falana Faults Agbakoba on EFCC’s Legal Status
Falana Faults Agbakoba on EFCC’s Legal Status
Foremost rights activist and lawyer, Mr. Femi Falana (SAN) has written to the President of the Senate, Senator Godswill Akpabio and Speaker of the House of Representatives, Rt. Hon. Tajudeen Abbas in opposition to the view canvassed by ex-President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN) on the legal status of the Economic and Financial Crimes Commission (EFCC).
In a letter dated 17th October, 2024, Falana said, “Our attention has been drawn to the separate letters addressed to the Senate and House of Representatives, dated October 14, 2024, entitled: “Re: Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-corruption Efforts”, (in which) Dr. Olisa Agbakoba contended that the power under which EFCC was established was beyond the powers of the National Assembly.
“Convinced that the Economic and Financial Crimes Commission (EFCC) is “an unlawful organisation” because it was “unconstitutionally established”, Agbakoba stated he was delighted to note that many states had finally taken it upon themselves to challenge the constitutionality of the EFCC.”
Falana noted that Agbakoba did not cite any case to back up his claim that the Supreme Court has vilified the EFCC with respect to its activities and existence.
“Even though, he did not refer to any particular case, Dr. Agbakoba said that the Supreme Court has knocked the EFCC on many occasions. On the contrary, the Supreme Court has consistently supported the efforts of the ICPC and EFCC in fighting the miasma of monumental corruption in the country,” he said.
The legal luminary said Agbakoba’s position is premised on the fact that the establishment of EFCC violated the basic tenets of federalism.
He stated further that, “It is pertinent to recall that in the celebrated case of the Attorney-General of Ondo State v Attorney-General of the Federation & Ors (2022) 27 WRN 1, the Plaintiff (Ondo State Government) had challenged the constitutional validity of the establishment of the Independent Corrupt Practices and Other Offences Commission Act, 2000. The Attorney-General of Ondo State was the Plaintiff while the Attorney-General of the Federation and the Attorneys-General of 35 States were the Defendants.
“In that case, the late Professor Ben Nwabueze and Dr. Agbakoba were the amici curiae while I was privileged to have represented one of the Defendants. It ison record that several Defendants and the amici curiae had argued profusely that the ICPC Act was unconstitutional in every material particular.Both amici curiae urged the Court to annul the ICPC Act.
“Upon a critical analysis of the submissions of all counsel, including the amici curiae, the apex court upheld the constitutional validity of the ICPC Act. In the leading judgment of the Court delivered by Uwais CJN (as he then was) it was held that the National Assembly has the sole power for the establishment and regulation of authorities for the federation or any part thereof so as to promote and enforce the observance of the nation’s responsibility to abolish all corrupt practices and abuse of power which fall under the Fundamental Objectives and Directive Principles of State Policy in section 15(5) of the 1999 CFRN.
“If this is a breach of the principles of federalism, then, I am afraid, it is the Constitution that makes provisions that have facilitated breach of the principles.As far as the aberration is supported by the provisions of the Constitution, I think it cannot rightly be argued that an illegality has occurred by the failure of the Constitution to adhere to the cardinal principles which are at best ideals to follow or guidance for an ideal situation…the provisions of Section 13 thereof apply to all organs of government and all authorities and persons exercising legislative, executive or judicial powers’. The provisions do not distinguish between Federal, State or Local Governments.Again the provisions of Section 14 subsection (4) specifically apply to the government or council, and the conduct of the affairsof the government or council or such agencies.” See Olafisoye v. FRN (2004) 4 NWLR (Pt. 864) 580.
“Even though we cannot comment on the merit of the case of Attorney-pending at the Supreme Court of Nigeria, it is pertinent to refer the members of
the National Assembly to the case of Attorney-General of Abia State v Attorney-General of Federation (2024) LPELR-62576 (SC).
“In that case, the Plaintiff had argued that the power of the EFCC to prosecute financial crimes did not extend to the management of the accounts of Abia State Government. The plaintiff then sought “declarations, including a perpetual injunction, to prevent the EFCC from taking any such actions, including the freezing of its bank accounts.
“The defendant (AGF) filed a preliminary objection to the effect that it had been incorrectly sued, because the EFCC was an independent body outside its lawful management and control.
In upholding the preliminary objection of the Defendants, the Supreme Court held that the facts of the case did not disclose any dispute between the plaintiff and the defendants within the meaning of section 232(1) of the Constitution and that there was no complaint against the first defendant (AGF) as representing the Federal Government as all the complaints were against the EFCC.
Consequently,the Supreme Court struck out the case but held that the plaintiff is at liberty to sue the EFCC, but not in the Supreme Court as the EFCC is neither a State nor the Federation. We wish to state without any fear of contradiction, that no State Government has followed the advice of the apex court by filing a suit to challenge the constitutionality of the EFCC Act in a court of competent jurisdiction.
“However, a number of former governors have continued to question the locus standi of the EFCC to arrest, investigate and prosecute them for the criminal diversion of public funds belonging to state governments. For instance, in the case of Nyame vs Federal Republic of Nigeria (2010) 3 SC (Pt.1) 78, the Supreme Court held inter alia: ‘Sections 6(m) and 46 of the Economic and Financial Crimes Commission (Establishment) Act vest in EFCC the function and duty of investigating and prosecuting persons reasonably a person to rush to court to place a clog or shield against criminal investigation and prosecution’.”
Falana further contended that
“in view of the duty imposed on the State by Section 15(5) of the Constitution to ‘abolish all corrupt practices and abuse of power’, the Supreme Court in the case of Shema vs. Federal Republic of Nigeria (2018) 9 NWLR (PT.
1624)337@ 398 held that ‘in the co-operative federalism practiced in Nigeria,the EFCC is a common agency empowered to investigate and prosecute offenders for both the Federal and state economic and financial crimes and as such it qualifies as ‘any other authority or person’ empowered by section 211 (1) (b) of the Constitution to institute or initiate criminal proceedings. EFCC is the coordinating agency for the enforcement of the provisions of any other law or regulation on economic and financial crimes, including the Criminal Code and Penal Code. The Commission has powers under section 13 (2) of the EFCC Act to prosecute offences so long as they are financial crimes’.”
Falana berated some state governments for seeking to frustrate the anti-graft initiatives of the Federal Government instead of supporting the agencies to thrive.
“Instead of ensuring that the EFCC, ICPC and Code of Conduct Bureau serve as ‘common agencies’ of the people of Nigeria in combating the miasma of monumental corruption in the country, some state governments have a penchant for terminating grave economic and financial crimes by filing nolle prosequi applications. Others usually rush to either State High Court or Federal High Court to procure frivolous court injunctions to frustrate the prosecution of serving public officers and thereby making a mockery of public accountability and transparency in government,” he said.
The rights activist urged the National Assembly to seize the opportunity provided by the ongoing Constitution Amendment to end the questions about the legality of EFCC and Independent Corrupt Practices and Other Offences Commission (ICPC) by entrenching both in the Constitution.
“In the light of the foregoing, we urge the members of the National Assembly to take advantage of the ongoing constitutional review to end the diversionary debate about the validity of the EFCC Act and ICPC Act by entrenching both Economic and Financial Crimes Commission and the Independent Corrupt Practices and Other Offences Commission in the Constitution. In other words, if both commissions are constitutionalised, they will be protected and strengthened to fight the menace of corruption and money laundering,” Falana said.
celebrity radar - gossips
Accolades to Empress Genevieve Wining as she Celebrate birthday in Grand style
Accolades to Empress Genevieve Wining as she Celebrate birthday in Grand style
Emmanuel Clement
Vilnius, Lithuania – The Grand Hotel Vilnius will host a grand birthday celebration in honor of Her Majesty The Empress Genevieve Wining of the United Kingdom of Atlantis (UKA) on April 4th, 2026.
The four-day event promises to be an extravagant affair, marking the special birthday of Empress Genevieve Wining. The celebration will take place at the prestigious Grand Hotel Vilnius, Lithuania, renowned for its luxurious ambiance and exceptional service.
According to the event flyer, the birthday celebration will be a spectacular occasion, fitting for an empress. Guests can expect an elegant setting adorned with golden accents, sparkling champagne, and festive decorations, creating a regal atmosphere befitting the occasion.
The Empress Genevieve Wining of UKA is expected to grace the event, which will include various festivities and celebrations in her honor. The occasion aims to bring together dignitaries, followers, and guests to commemorate the empress’s birthday with grandeur and joy.
For media inquiries, accreditation, or further information about the birthday celebration of The Empress Genevieve Wining of UKA, please contact the event organizers.
Courtesy of His Excellency Emperor Prof. Solomon Wining. UKA
Democratic Accountability in Focus as NGIJ Courts NILDS for Strategic Collaboration
The Nigerian Guild of Investigative Journalists (NGIJ) has sought a strategic partnership with the National Institute for Legislative and Democratic Studies (NILDS) to enhance legislative reporting, strengthen democratic accountability, and promote evidence-based journalism in Nigeria.
The proposal was made during a courtesy visit by the NGIJ delegation, led by its President, Mallam Abdulrahman Aliagan, to the Institute’s headquarters in Abuja.
The Director-General of NILDS, Professor Abubakar O. Suleiman, was represented at the meeting by the Director of Legal Services, Professor Ibrahim Danwanka. Also in attendance were the Special Adviser to the DG on Media, Mr. Muhammad Abdulkadir and the Director of Information, Mr. Emmanuel Atakpo.
Speaking during the visit, Aliagan described the engagement as a strategic step toward building synergy between investigative journalism and legislative research institutions. He commended the leadership of Professor Suleiman for transforming NILDS into a leading centre for legislative studies and democratic governance in Africa.
“This visit is not merely ceremonial—it is deeply strategic. NGIJ and NILDS share a common vision of strengthening democracy, promoting accountability, and deepening good governance in Nigeria,” Aliagan said.
He explained that while NILDS advances democratic governance through research and legislative capacity development, NGIJ complements these efforts through investigative journalism and public-interest reporting.
Aliagan highlighted the Guild’s activities across the country, particularly its Governance Assessment Visits conducted in Kogi, Bayelsa, Ondo, Kwara, Osun, and Kaduna states, noting that such engagements have improved public discourse and strengthened accountability at the subnational level.
“Our mission is to promote ethical investigative journalism, strengthen transparency in governance, and build capacity for data-driven reporting that connects citizens with democratic institutions,” he said.
The NGIJ President also proposed collaboration in areas such as training on legislative processes, joint research and publications, policy dialogues, data sharing, and fellowship programmes for journalists and researchers.
He further informed the Institute of the Guild’s plan to host the Dele Giwa Memorial Annual Lecture on Investigative Journalism in June as part of activities marking Democracy Day. The Guild requested that Professor Suleiman serve as keynote speaker and sought approval to use NILDS’ auditorium for the event.
“We are confident that your presence and intellectual contribution will greatly enrich the discourse and lend national significance to the event,” Aliagan added.
Responding on behalf of the Director-General, Professor Danwanka welcomed the proposal and described the initiative as timely and beneficial to national development. He commended NGIJ for its commitment to accountability journalism and its recognition of the Institute’s growing impact.
“If there is any institution journalists need to collaborate with, it is NILDS.
Legislative reporting requires specialised knowledge that many journalists currently lack,” Danwanka said.
He explained that NILDS was established by an Act of Parliament in 2011 and later expanded in 2017 to include broader responsibilities covering democratic institutions and civil society organisations.
According to him, the Institute has grown significantly under Professor Suleiman’s leadership, expanding from four departments to eleven, with increased staff strength and wider national, regional, and continental visibility.
Danwanka noted that NILDS currently provides research and capacity-building support not only to Nigeria’s legislature but also to parliaments across West Africa and other parts of the continent, including Kenya, Zimbabwe, Malawi, Ghana, and Togo.
“Legislature is a specialised field. Even experts from other disciplines must acquire knowledge of its processes to report it accurately. That is where NILDS comes in,” he said.
He assured the NGIJ delegation that all requests presented during the visit, including collaboration proposals, the use of the Institute’s facilities, and the invitation to the DG would be communicated for necessary action.
Danwanka also acknowledged NGIJ’s commendation of the appointment of Mr. Abdulkadir as Special Adviser on Media, describing the recognition as thoughtful and well-deserved.
The meeting ended with both parties expressing optimism about establishing a formal framework for collaboration, with a shared commitment to strengthening democratic institutions and improving governance through knowledge-driven journalism.
“This engagement marks the beginning of a sustainable partnership that will advance legislative excellence and investigative journalism in Nigeria,” Danwanka said.
GOVERNMENT MUST TACKLE NATION’S PRESSING CHALLENGES — BISHOP MARTINS URGES AT CHRISM MASS
By Ifeoma Ikem
The Holy Cross Cathedral, Lagos, was filled with joy, reverence, and renewed commitment on Holy Thursday as Catholic faithful across the metropolis gathered for the annual Chrism Mass — a solemn celebration marking the institution of the priesthood, the Holy Eucharist, and the blessing of sacred oils used throughout the liturgical year.
During the ceremony, the Catholic Archbishop of Lagos, Most Rev. Adewale Martins, described the Chrism Mass as a profound moment in the life of the Church.
He noted that it offers priests an opportunity to renew their vows and reflect on the centrality of the Eucharist, which he emphasized remains the heartbeat of the Catholic faith.
Addressing national issues, Bishop Martins acknowledged the government’s ongoing efforts to tackle Nigeria’s current challenges.
However, he stressed the need for more decisive and accelerated interventions, particularly in securing lives and easing the economic burdens confronting citizens.
He congratulated priests on their feast day and reflected on the rising influence of digital evangelization. While recognizing that many people now “inhabit online spaces,” he warned clergymen to handle social media with caution, discipline, and fidelity to Church teachings. According to him, digital influence must never overshadow spiritual integrity.
“The oils blessed today are not simply symbols; they speak of being set apart by a mark not earned, not crafted, but given,” he said. “As we renew our promises, we do not recreate ordination; we awaken memory. We were not ordained to build profiles but to bear Christ.”
He further noted that the digital world has become a place where people “gather, argue, celebrate, confess, misunderstand, and sometimes encounter truth.” For this reason, he said the Church recognizes the need to take the Gospel into that space without compromising its authenticity.
In his homily, Rev. Fr. Paul Akin-Otiko, Chaplain of St. Thomas More Catholic Chaplaincy, University of Lagos, emphasized the enduring significance of the Chrism Mass as an ancient tradition where sacred oils are consecrated.
He urged priests to pray fervently for the sick using the blessed oils, reminding them that true healing comes from God.
Fr. Akin-Otiko encouraged clergy to remain selfless, warning them never to turn the Church into a source of personal gain.
He stressed that their primary duty is the salvation of souls and the welfare of the people entrusted to them.
Monsignor John Aniagwu took a moment to appreciate Anthony Cardinal Olubunmi Okogie for his fatherly guidance and exemplary leadership. He prayed for God’s continued blessings, asking that all present be granted good health to witness many more Chrism Masses.
The highlight of the ceremony was the renewal of vows by hundreds of priests, who reaffirmed their commitment to lives of dedication, chastity, and obedience to the Church and their bishop — an act that drew heartfelt applause from the congregation.
The celebration concluded with songs of thanksgiving, joy, and renewed devotion.
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