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Falana Faults Agbakoba on EFCC’s Legal Status

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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.

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Taskforce Chairman: Akerele Adetayo. An impressive achievement marked by exceptional thoroughness

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Taskforce Chairman: Akerele Adetayo. An impressive achievement marked by exceptional thoroughness

…A considerable monumental stride without blemishes

~By Oluwaseun Fabiyi 

 

The one-on-one meeting with the Taskforce Chairman was a remarkable and unforgettable experience.

 

*How familiar are you with CSP Adetayo Akerele’s leadership as Chairman of the Lagos Task Force?*

 

_*Oluwaseun Fabiyi, publisher of Bethnews Media magazine and online, had a recent encounter with Akerele Adetayo that will shed more light on his achievements and good standing; we invite you to listen attentively*_

 

As Chairman of the Lagos State Environmental and Special Offences Enforcement Unit (Taskforce), Akerele Adetayo, an extraordinary CSP and trustworthy police officer, remains a beacon of excellence, mirroring greatness through his benevolent heart and unwavering commitment to superior service standards in Lagos and its environs

 

Without a doubt, Akerele Adetayo, the former 2iC Taskforce and pioneer LAMATA Commander turned Chairman of the Lagos State Taskforce, has solidified his standing as a highly effective and accomplished commander in the Nigerian Police Force, recognized for his impressive stride and visionary leadership.

 

CSP Adetayo Akerele’s career advancement has been grounded in his meticulous approach to duty and commitment to delivering results, which has distinguished him among his peers. As Chairman of the Lagos Environmental and Special Offences Enforcement Unit Taskforce, he has established a functional compliance desk that promotes seamless interaction with the public and enables effective response strategies

 

CSP Akerele Adetayo’s professional trajectory in journalism has garnered substantial admiration and a distinguished reputation among media practitioners across print and electronic media, complemented by his specialized knowledge in security and digital strategy, which has critically shaped the orientation of the Lagos State Taskforce

 

As Chairman of the Lagos State Task Force since 2024, he has consistently upheld the core mandate of delivering exceptional security services to citizens, ensuring peace, order, and internal security across the state, built on a foundation of professionalism, strong public relationships, effective teamwork, and unwavering accountability. Under the leadership of CSP Adetayo Akerele, the Lagos State Environmental and Special Offences Enforcement Unit Taskforce has achieved notable success in leveraging advanced technology while maintaining exemplary standards of individual appearance, conduct, and professionalism.

 

Akerele Adetayo’s exceptional dedication to service excellence has earned him numerous accolades for his outstanding contributions to the Lagos Taskforce unit and the Nigerian police force at large, in recognition of his professionalism and exemplary service

 

 

As the Chairman of the Lagos Taskforce unit, his active participation in every activity underscores a broader commitment to the agency’s structural growth. His consistent and prompt approach emphasizes execution and maximum security protection for the safety of the masses, as he fosters a teamwork network of assets that drive the agency’s growth and accessibility.

 

Note Bethnews Media shall provide its exceptional wisdom exhibited in the forthcoming article.

 

Oluwaseun Fabiyi, a seasoned journalist based in Lagos, reports.

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Postings Are Not Optional: Why The Police Must Reassert Discipline Over Transfer Resistance

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Postings Are Not Optional: Why The Police Must Reassert Discipline Over Transfer Resistance

 

 

 

In recent days, a wave of commentary across sections of the media has sought to cast routine police postings in a controversial light, particularly within Zone 2 Command of the Nigeria Police Force, which oversees Lagos and Ogun States. At the heart of the narrative is a claim misleading at best that the redeployment of officers from the zone is either improper or should be resisted.

 

This framing deserves closer scrutiny, not just for what it says, but for what it risks encouraging.

 

Postings and transfers are not punitive tools; they are essential administrative instruments in policing worldwide. They ensure operational balance, prevent the entrenchment of interests, and promote a fair distribution of manpower across commands. In a country as vast and complex as Nigeria, where some divisions grapple with acute personnel shortages, the ability of police leadership to deploy officers where they are most needed is not just lawful it is indispensable.

 

Attempts to portray transfers as “illegal” or unjustifiable undermine this fundamental principle. No command, regardless of its perceived strategic importance, can be treated as an exception to the rules that govern the wider institution. To do so would create a dangerous precedent one where postings are dictated not by operational necessity, but by preference, influence, or resistance.

 

The idea of 845 plus Senior Police Officers alone in Zone 2 Police Command is a thing of worry and it’s certain that the junior officers number would be nothing more than thrice of that of the SPOs. The newly posted and promoted AIG in charge of the Zone should be swift and decisive. The Nation is waiting.

 

More concerning, however, is the growing tendency to escalate internal administrative matters into the public domain. While transparency is vital in public institutions, there is a clear distinction between accountability and the externalization of internal processes in ways that may erode discipline. Policing, by its very nature, relies on a structured chain of command. When that structure is weakened whether through public pressure, media campaigns, or external influence the consequences extend beyond internal order to overall effectiveness.

 

There are also broader operational questions that cannot be ignored. Reports of disproportionate personnel concentration in certain formations, set against a backdrop of manpower shortages in many parts of the country, point to the need for deliberate and strategic redeployment. Ensuring that officers are equitably distributed is not merely an administrative exercise; it is central to improving response times, strengthening community policing, and enhancing national security outcomes.

 

It is equally important to acknowledge the role of the media in shaping public perception. Journalism remains a critical pillar of democracy, but with that role comes responsibility. Narratives that inadvertently legitimise resistance to lawful directives risk doing more harm than good, particularly in a disciplined service where cohesion and obedience to command are non-negotiable.

 

None of this diminishes the importance of officer welfare or the need for fair and transparent posting policies. Indeed, a well-managed transfer system must take into account both operational demands and human considerations. However, these concerns are best addressed within established institutional frameworks—not through pressure campaigns or attempts to influence outcomes from outside the system.

 

At its core, this moment presents a test of institutional resolve. The leadership of the police must balance empathy with firmness, ensuring that decisions are guided by the collective good rather than individual interests. Upholding the integrity of postings is not simply about moving personnel; it is about reinforcing the principles that sustain discipline, professionalism, and public trust.

 

A police force that cannot enforce its own internal directives risks sending the wrong message—not just to its officers, but to the citizens it serves. Conversely, a force that stands by its processes, applies its rules fairly, and communicates its decisions clearly strengthens its legitimacy.

 

In the end, the issue is not about one command or one set of officers. It is about preserving the institutional backbone of policing itself.

 

Akindele Adegebo writes from Lagos.

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4 BRIGADE EMERGES OVERALL CHAMPION OF 2 DIVISION INTER-BRIGADE CORPORALS AND BELOW COMPETITION 2026 IN BENIN

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4 BRIGADE EMERGES OVERALL CHAMPION OF 2 DIVISION INTER-BRIGADE CORPORALS AND BELOW COMPETITION 2026 IN BENIN

 

4 Brigade, Nigerian Army, on Thursday, 23 April 2026, emerged overall champion of the 2 Division Inter-Brigade Corporals and Below Competition 2026, which was held from 20 to 23 April 2026. The competition was hosted by 4 Brigade at the Nigerian Army Cantonment, Ekehuan, in Benin City.

 

In his welcome address, the Commander 4 Brigade, Nigerian Army, Brigadier General Ahmed Balogun, disclosed that the competition is designed to improve combat proficiency, leadership skills, organizational ability, teamwork, endurance, and to promote esprit de corps among soldiers of junior ranks. He added that it also challenges their initiative and prepares them for higher responsibilities.

 

He noted that the competition is not just about winning or losing, but about fostering a spirit of unity, resilience, and continuous improvement. “It provides a platform for sharing knowledge, learning from one another, and building stronger bonds within our ranks. The lessons learned and the experiences shared here will undoubtedly enhance our operational effectiveness and strengthen our team spirit,” he said. He further appreciated the General Officer Commanding (GOC) 2 Division, Major General Chinedu Nnebeife, for the confidence reposed in the Brigade to host this year’s Corporals and Below Competition, as well as for his commitment to improving training and the welfare of personnel.

 

In his closing remarks, the Special Guest of Honour, the Commandant, Nigerian Army School of Supply and Transport, Major General Adebayo Adegbite, expressed satisfaction that the objectives of the competition had been largely achieved. He stated that he had no doubt that the various events contested by the formations had significantly improved their physical and mental capacity, enhanced leadership traits, and strengthened organizational ability, while also preparing them for operational engagements in view of the current security challenges confronting the nation.

 

He further charged participants to take back to their respective formations the experience and knowledge gained during the competition and translate them into remarkable achievements in the field for the benefit of their formations and the Nigerian Army at large.

He also expressed profound gratitude to the Chief of Army Staff (COAS), Lieutenant General Waidi Shaibu NAM, for his unwavering commitment to the development of junior non-commissioned officers, whom he described as the backbone of the Army. He added that 2 Division remains grateful for the COAS’s strategic guidance and support. He also commended the planning team for ensuring that the competition was fair, challenging, and reflective of real-world operational standards.

 

The 2026 edition of the 2 Division Inter-Brigade Corporals and Below Competition featured events such as drill competition, combat swimming, map reading, weapon handling and firing, combat cross-country race, and obstacle crossing. Participating formations included 4 Brigade, 12 Brigade, 22 Armoured Brigade, 32 Artillery Brigade, 42 Engineers Brigade, and 2 Division Garrison. At the end of the competition, 4 Brigade, emerged overall champion, while 12 Brigade, and 2 Division Garrison, came second and third respectively.

 

The ceremony was graced by heads of security agencies in Edo State, as well as friends of the Brigade. Highlights of the closing ceremony included obstacle crossing competition among formations, presentation of awards, souvenirs, and group photographs.

*KENNEDY ANYANWU*

Captain

Assistant Director Army Public Relations

4 Brigade Nigerian Army

Benin City

 

24 April 2026

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