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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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Nigeria Customs Service will continue to combat illicit trade – Comptroller Tin-Can Command

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Nigeria Customs Service will continue to combat illicit trade – Comptroller Tin-Can Command

By Ifeoma Ikem

 

Mr Frank Onyeka, the Area Controller of the Tin Can Island Port command, Nigeria Customs Service (NCS) says the service will continue to combat illicit and enforce compliance to protect public health and national security.

Onyeka who disclosed this to Newsmen on Friday in Lagos reassured the general public that the command will not relent in its resolve to protect Nigerians.

He said that as part of the ongoing crackdown on the importation of unwholesome products, NCS Tin Can Island Port Command has recorded another achievement in anti-smuggling drives.

He noted that some containers were confiscated during the anti-smuggling drives.

“We intercepted two units of containers with no. PONU031958/6 and MSKU711656/0, which were found to contain expired Tramadol tablets.

Nigeria Customs Service will continue to combat illicit trade – Comptroller Tin-Can Command

By Ifeoma Ikem

“These consignments were thoroughly examined and the result revealed that the first container contained 86 cartons of Vingil Tramadol BP 50mg, while the second container had 250 cartons of the same expired Tramadol product.

“The third container, with number MSKU413519/1 contained 370 cartons of expired Diclofenac Sodium BP 50mg tablets without a valid NAFDAC registration number, making the consignment illegal and dangerous for public use.”

This achievement came barely three days the command set a new benchmark in revenue generation, recording N1.61 trillion in 2025, exceeding its annual target.

“We have continued to record notable achievements in recent times through intensified cargo examination, improved intelligence gathering, and sustained enforcement operations.

“We remain proactive in intercepting prohibited and falsely declared goods, including controlled pharmaceuticals, arms and ammunition, narcotics, and other items capable of undermining public safety and economic stability.

Onyeka, however, noted that the command will equally continue to facilitate legitimate trade and contribute significantly to revenue generation, in line with the core mandate of the Nigeria Customs Service.

He stressed that the achievements of the command was as results of deliberate strategies anchored on discipline, integrity, and strong inter-agency collaboration.

“I wish to specially appreciate the operatives of NAFDAC for their consistent cooperation.

“Our synergy has continued to yield positive results, particularly in ensuring that fake, substandard, and expired drugs are intercepted before reaching the Nigerian populace.

“I also commend the officers and men of the Command for their resilience and commitment to duty, their efforts have continued to strengthen the credibility and operational effectiveness of the command.

“Furthermore, I express our sincere appreciation to the Comptroller-General of Customs Bashir Adewale Adeniyl for his purposeful leadership and strategic reforms, which have empowered our operations.

Mr Kareem Taiwo Adekunle , Chief Regulatory Officer Investigation and Inspection Directorate NAFDAC, while receiving the
expired drugs described the collaboration as a strategic partnership in safeguarding public health.

He noted that NAFDAC would redouble its efforts in combating the smuggling of counterfeit and fake pharmaceuticals.

 

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Obidients Calls For Protest; Condemns Senate’s Rejection of Electronic Electoral Results

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Obidients Calls For Protest; Condemns Senate’s Rejection of Electronic Electoral Results

By George Omagbemi Sylvester | Published by SaharaWeeklyNG 

“Obidient Movement plans march to national assembly over senate’s rejection of real-time result transmission.”

 

The Obidient Movement has faulted the senate over its decision to reject mandatory real-time electronic transmission of election results in the recent amendment of the Electoral Act.

In a statement issued on Friday, Yunusa Tanko, national coordinator of the movement, described the decision to retain provisions for manual collation as a direct attack on Nigeria’s democratic process and an effort to entrench secrecy in elections.

 

Tanko said the senate’s action was a calculated move that could pave the way for manipulation of the 2027 general elections.

 

He referenced the controversies that trailed the 2023 general election, particularly the failure to upload polling unit results to the Independent National Electoral Commission portal due to what was described as a technical glitch, arguing that the latest position of the senate was aimed at preserving the same weaknesses that eroded public trust in the process.

 

According to the statement, rejecting mandatory real-time transmission amounted to electoral sabotage, as it weakens confidence in the system and sustains the structures that enabled widespread manipulation during the last general election.

 

Tanko also accused the ruling All Progressives Congress, which controls the majority in the national assembly, of applying double standards, noting that the party depends on electronic systems for its internal primaries while denying Nigerians the same level of transparency during national elections.

Obidients Calls For Protest; Condemns Senate’s Rejection of Electronic Electoral Results
By George Omagbemi Sylvester

He announced plans for a peaceful mass protest at the national assembly, calling on lawmakers in both chambers to convene an emergency session and pass a law making real-time transmission of polling unit results to the IReV portal compulsory and non-negotiable.

 

The national coordinator said details and the date of the planned march would be communicated through the official channels of the movement.

 

He further urged Nigerians within the country and in the diaspora, civil society groups, and the international community to stand against what he described as a dangerous slide backwards in democratic standards.

Obidients Calls For Protest; Condemns Senate’s Rejection of Electronic Electoral Results
By George Omagbemi Sylvester

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Soldiers Feared Dead as ISWAP Storms Army Base in Borno

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Soldiers Feared Dead as ISWAP Storms Army Base in Borno By George Omagbemi Sylvester

Soldiers Feared Dead as ISWAP Storms Army Base in Borno

By George Omagbemi Sylvester | Published by SaharaWeeklyNG

“Fresh assault on Jakana outpost underscores evolving insurgent tactics and persistent security gaps in Nigeria’s northeast.”

Several Nigerian soldiers are feared dead after suspected fighters of the Islamic State West Africa Province (ISWAP), a Boko Haram splinter faction, launched a coordinated assault on a military outpost in Jakana, Kaga Local Government Area of Borno State, in the early hours of Friday, February 6, 2026, according to multiple security and media reports.

What happened
Security sources say heavily armed insurgents stormed the army outpost along the Maiduguri–Damaturu highway in a surprise attack, opening fire and using explosives against the base.

The attackers reportedly approached from multiple directions, overwhelming the soldiers stationed at the location.

At least four soldiers were confirmed killed in the initial reports, while other accounts indicated that the casualty figure could be higher, though still unconfirmed at the time of filing this report.

Military sources said the bodies of fallen troops were evacuated to the 7 Division Military Hospital in Maiduguri.

The insurgents also destroyed armoured vehicles and trucks before looting ammunition and supplies from the facility.

Where and when
The attack occurred in Jakana, a strategic town on the Maiduguri–Damaturu road, a critical military and civilian corridor linking Borno to neighboring Yobe State.

The incident took place in the early hours of Friday, February 6, 2026, according to security sources quoted in local reports.

Who was involved
The attackers were identified as militants belonging to ISWAP, the Islamic State-aligned faction that split from Boko Haram and has since become one of the most active insurgent groups in the Lake Chad region.

On the Nigerian side, the victims were soldiers stationed at the Jakana outpost. As of the time of publication, the Nigerian military had not released the names of the casualties, a common practice pending official notification of next of kin.

How the attack unfolded
According to military sources, the insurgents launched a coordinated, multi-directional assault, combining gunfire with explosives to neutralize defensive positions.

The intensity of the attack forced some soldiers to retreat into nearby bush areas as the militants overran parts of the facility.

Recent intelligence reports indicate that insurgent factions in the northeast have increasingly adopted more sophisticated tactics, including drone-assisted strikes and coordinated raids on military bases.

Why it happened
Security analysts say such attacks are typically aimed at:

Seizing weapons and ammunition

Destroying military infrastructure

Demonstrating operational capability

Undermining troop morale and public confidence

The Jakana attack follows a pattern of assaults on forward operating bases across Borno and neighboring states. In similar incidents, insurgents have targeted isolated formations, looted equipment, and withdrawn before reinforcements arrive.

Brief background
Boko Haram’s insurgency, which began in 2009, has claimed tens of thousands of lives and displaced millions across northeastern Nigeria and the wider Lake Chad basin.

In recent years, ISWAP has emerged as a more structured and tactically organized faction, focusing on military targets and strategic infrastructure.

Despite repeated claims by authorities that the insurgency has been largely degraded, attacks on military formations and civilian communities have continued. Just last week, militants killed dozens of people, including soldiers, in another assault in Borno State.

Expert perspective
Security analyst Dr. Bulama Bukarti, a senior fellow at the Tony Blair Institute for Global Change, has previously warned that insurgent groups in the Lake Chad region are “adapting faster than the states fighting them,” noting that they are increasingly using mobility, intelligence, and surprise to exploit weakly defended bases.

Similarly, Dr. Zainab Usman, director of the Africa Program at the Carnegie Endowment for International Peace, has argued that “military victories without parallel governance and economic stabilization efforts tend to be temporary,” emphasizing the need for a broader, multi-dimensional strategy.

Official response
As of the time of publication, the Nigerian military had not issued a comprehensive official statement detailing casualty figures or the operational outcome of the attack.

However, in previous incidents, military authorities have insisted that troops continue to repel insurgent offensives and inflict heavy losses on the attackers.

The unanswered questions
The latest assault raises familiar concerns:

Why are forward operating bases still vulnerable to surprise attacks?

Are troop numbers and equipment at these outposts sufficient?

Has the insurgency entered a new tactical phase?

These questions continue to shape public debate as Nigeria’s counter-insurgency campaign enters its second decade.

Names of those involved
As of this report:

Confirmed insurgent group: ISWAP (Boko Haram faction)

Military casualties: At least four soldiers confirmed dead; additional casualties feared

Names of soldiers: Not yet released by the Nigerian military

In most military operations, identities of fallen soldiers are withheld until families are formally notified.

Summary
The attack on the Jakana military outpost is another stark reminder that, despite years of offensives and official assurances, insurgent groups remain capable of launching deadly and coordinated strikes against Nigerian security forces.

Until the military releases a full operational report and casualty list, the precise toll may remain uncertain. Though the incident once again underscores the enduring volatility of Nigeria’s northeast and the urgent need for a strategy that combines military strength with intelligence, governance and regional cooperation.

 

Soldiers Feared Dead as ISWAP Storms Army Base in Borno
By George Omagbemi Sylvester

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