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Lawyer Replies Agbakoba on EFCC’s legal status

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*Lawyer Replies Agbakoba on EFCC’s legal status

*…your position based on legal sophistry than substance

 

A lawyer and former member of the House of Representatives, Kayode Oladele, has faulted the position of the former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN) on the legal status of the Economic and Financial Crimes Commission (EFCC), describing it as “legal sophistry “

 

Oladele’s response was a rejoinder to an interview granted by Agbakoba wherein he said EFCC lacked the powers to interfere in state affairs, and a fresh letter written by Agbakoba to the Joint National Assembly Constitution Review Committee.

 

The renewed onslaught against the EFCC is not unconnected with its bold and reinvigorated move, especially in the last one year, to investigate and prosecute some highly placed politically exposed persons like the former Governor of Kogi State, Mr. Yahaya Bello and others. Kogi State actually initiated the pending case at the Supreme Court before being joined by about 15 other states.

Oladele maintained that: “It is pertinent to state that the Economic and Financial Crimes Commission (EFCC) is a Nigerian law enforcement agency established to investigate and prosecute economic and financial crimes, such as advance fee fraud, money laundering and misapplication and misappropriation of public funds,

“With due respect, Mr. Agbakoba SAN’s position is more of legal sophistry rather than legal substance. His position does not represent the correct position of the law as it runs contrary to the long-settled position of the law as handed down by the superior courts of law including the Apex Court in Nigeria. It is settled law that Nigeria operates a co-operative federalism as opposed to dualist federalism and under co-operative federalism as practiced in Nigeria, some agencies are common agencies for both the Federal and State Government,” he said.

Oladele posited further that the view expressed by Agbakoba does not have any legal backing “and therefore unsupportable in law and practice”.

He went on further to state that, “Indeed, the EFCC is a common agency for both the Federal and State Economic and Financial Crimes, and as such, it qualifies 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).

“Again, these statutory provisions have been given judicial considerations by the Supreme Court and the Court of Appeal, in line with my position and contrary to Mr. Agbakoba’s views or submissions on this issue.

“EFCC is expressly conferred with powers under sections 6(m), 9(2) and 13(2) of EFCC (Est.) Act to initiate criminal proceedings in any court in Nigeria for any offence bordering on economic and financial crimes, even under the Penal Code. The EFCC cannot, therefore, be faulted for initiating the instant charge in the name of “Federal Republic of Nigeria”. This is because the Federal Government of Nigeria is not synonymous with the Federation of Nigeria, or the Federal Republic of Nigeria.

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

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CNS Ogalla and His Exploits on War Against Oil Theft By Toby Prince

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CNS Ogalla and His Exploits on War Against Oil Theft

By Toby Prince

 

Nigeria’s vast maritime frontier stretches an impressive 84,000 nautical miles, rivalling a third of its landmass. With over 3,000 lakes and rivers, this complex terrain demands bold leadership.

 

 

President Bola Ahmed Tinubu recognised this challenge, appointing Vice Admiral Emmanuel Ikechukwu Ogalla as Chief of Naval Staff in June 2023. A seasoned navigator, Ogalla embodies the determination, discipline, and vision needed to harness Nigeria’s maritime potential.

 

Ogalla took over office on June 23, 2023, with a bold vision to transform Nigeria’s maritime security and blue economy. His comprehensive strategy, the Total Spectrum Maritime Strategy (TSMS), tackles maritime crimes and promotes economic growth.

With his vast knowledge of the maritime domain and tactical operations, Ogalla outlined a detailed agenda to combat maritime crimes and foster the growth and development of the blue economy. This agenda includes the designation of Special Courts for Maritime Crimes, Advocacy Campaigns to enlist community support, and Socioeconomic Crime Prevention Strategies.

The TSMS also focuses on enhancing naval capabilities through fleet renewal, operational readiness, and infrastructural development. Additionally, it prioritizes human capital development through personnel welfare and motivation, manpower training, and youth and sports development.

To ensure effective implementation, Ogalla’s strategy emphasizes maritime stakeholders’ engagement and interagency cooperation. By implementing these measures, the CNS aims to safeguard Nigeria’s maritime interests, promote economic growth, and enhance regional stability.

A strong believer in a highly motivated professional naval force which is capable of shaping the security outcomes within Nigeria’s maritime domain and the littorals, including land-based engagements in fulfilment of national interest, CNS Emmanuel Ogalla also, set in various measures and alternatives aimed at maintaining and equipping a professionally competent and ethical naval force, which will leverage on all the elements of national powers to effectively defend Nigeria’s maritime area against all forms of threat so as to deliver the imperatives of national security.

Consequently, to prove that all these are not about mere sloganeering and banters without effective actions, the CNS carried out various reforms and projects aimed at recapitalizing the Naval ship.

This led to the equipping of the Naval Shipyard Limited, saddled with the responsibility of constructing and fabricating small boats, big vessels and other facilities of the Navy.

This move has in no small measure reduced capital flight and enhanced, as well as encouraged the training and development of skilled manpower.

As part of his commitment and dedication to the welfare of his personnel, Vice Admiral Ogalla on several occasions personally undertook the inspection of his troops for an on-the-spot assessment of their operational readiness.

Those visits also served as a morale booster and helped to motivate the personnel.

His efficiency and effectiveness in the deployment and utilization of the Naval personnel, platforms, helicopters, and UAVs for surveillance and interdiction operations throughout the Niger Delta including the employment of both kinetics and non-kinetic measures have also led to massive and unprecedented breakthroughs and successes being recorded by the Nigeria Navy on the protection of the nation’s territorial waters, such that massive quantities of stolen products were recovered, with the dismantling of illegal refining sites, arrest of suspects, seizure of stolen products, and the disruption of oil thieves and vandals.

Consequently, with three months of intense operation of Operation DELTA SANITY; which is his brainchild, the Nigeria Navy recorded the seizure of 95 wooden boats, deactivated 119 storage tank refining ovens, and the deactivation of 447 dugout pits. The Navy also deactivated 120 illegal refining sites and sized 13 fibre boats.

Other achievements and successes recorded include the seizure of 9 vehicles and the arrest of 14 vessels and 74 criminal suspects.

Some of the arrested vessels include MT KALI, MT HABOUR SPIRIT, MT SAISNIL, MV TOKITO, MT VINILLARIS, and MT SWEET MIRI.

It is instrumental to note that, these operations have consequentially impacted climate change in the mitigation of hazardous air pollution and the curbing of sooth.

Through a policy of effective and deliberate human capacity development, as an ingredient for a highly professional and motivated workforce, he has entrenched a highly motivated professional and ethical naval force with a formidable capacity and the required competencies to defend the Country’s maritime space against threats of any kind.

A strong believer in collaboration as a key to success and sustainability, the CNS partners with agencies such as NIMASA, NPA, NDLEA, NOSDRA, and NEMA, as well as many foreign partners, including holding Bilateral meetings and talks with the American chief of Naval Service, Operation (CNO).

This extensive work has brought about trust, confidence building, synergy and operational successes. The Total Spectrum Strategy has led to the Zero Piracy Rating Status of Nigeria by the International Maritime Bureau.

Through his commitment to the ideals of the Tinubu Presidency, the Nigerian Navy has supported land operations in all the geopolitical zones of the country, winning the war against evil and ensuring a crime-free Nigeria.

The Nigeria Navy under his watch, through the strategy of Maritime Domain Awareness Capacity, not only ensured the compliance of its personnel to civility, and activated deterrent measures to curb negligence and unprofessional conduct of personnel but also provided all year-round situation awareness of Nigeria’s maritime domain extending to the limits of the Exclusive Economic Zone.

Through the use of its Maritime Domain Awareness Facilities, the Navy has enhanced early detection and swift response to incidences within the maritime environment.

With the capitalization of 2 XSeaward Defense Boats (SDB); constructed locally, the various Platforms, thereby ensuring and supporting its anti-piracy, anti-CoT, anti-IUU and anti-illegal drugs, combined with the acquisition of 2nd Offshore Survey Vessels, 2 by 32m FPBs and helicopters (NNS CHALAWA, P196-Seaward Defense Boat, NNS ZUR P195 – Seaward Defense Boat and NNS OCHUZOR Survey Vessels and the delivery of 2 by 76m OPVs from Turkey, the Nigeria Navy remains the most dominant in the Gulf of Guinea (GoG) and the 4th largest in Africa.

Presently, under Vice Admiral Ogalla, the Nigerian Navy has over 50 capital ships and several hundreds of boats to cover the maritime space and internal waters. While the capital ships are used to patrol the sea, the small vessels carry out routine patrols also.

His non-kinetic approach has brokered several peace initiatives amongst communities and deepened community-military harmony within Nigeria’s Oil/Gas littoral area.

Not leaving out the welfare of the personnel, Vice Admiral Emmanuel Ogalla, has also demonstrated leadership and empathy by ensuring the construction of 50 units of 3 bedrooms, 128 units of 2 bedrooms and 120 units of 2 bedrooms apartments in Galadimawa, Asokoro Abuja, Lagos, Calabar and Port-Harcourt.

With an eye on sustainability, intellectual development and research, the Chief of Naval Staff on the 1st of June, 2024 launched the International Maritime Institute (IMION), an institution which will serve as a confluence for maritime discourse, the scintillation of ideas, and a vehicle for the articulation of maritime strategy on the African Continent.

With the launch of this crowning glory, the CNS intends to decimate, with a single shot, an institution which will also serve as a think-tank for maritime strategic thinkers, practitioners and allies with a far-reaching benefit of enhancing effective interaction, idea sharing and research into maritime strategic affairs affecting not only the Gulf of Guinea but the rest of the world, in such thematic areas as, maritime and ocean governance, maritime security, law enforcement, hydrography, blue economy, and climate change amongst others.

Under Ogalla’s visionary leadership, Nigeria’s war against oil theft has witnessed unprecedented success. His bold strategies, collaborative approach, and commitment to personnel welfare have transformed the Nigerian Navy into a formidable force. The Total Spectrum Maritime Strategy has yielded remarkable results, significantly boosting national security and contributing to global maritime stability. Ogalla’s efforts have solidified his legacy as a champion of maritime security and economic growth, earning the confidence of Nigerians and international partners alike.

Prince wrote this piece from Abuja.

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Agbakoba writes National Assembly, says EFCC is an unlawful organisation

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Agbakoba writes National Assembly, says EFCC is an unlawful organisation

Agbakoba writes National Assembly, says EFCC is an unlawful organisation

*EFCC is unconstitutionally established, says Agbakoba, looks forward to Supreme Court’s decision

 

Renowned lawyer, Dr. Olisa Agbakoba, SAN, has drawn the attention of the National Assembly to constitutional issues related to law enforcement agencies in Nigeria and factors inhibiting the Government’s objective of abolishing corruption as stated in Section 13 of the Constitution.

In two separate letters to the Senate and House of Representatives, dated October 14, 2024, he said the Economic and Financial Crimes Commission was an unlawful organisation, which he believed was “unconstitutionally established”.

“I very strongly believe the EFCC is unconstitutionally established. The powers under which it was established go beyond the powers of the National Assembly. The EFCC is an unlawful organization,” Agbakoba, a former President of the Nigerian Bar Association, said.

The letters were addressed separately to the Deputy Senate President, Senator Barau Jibrin; and Deputy Speaker of the House of Representatives, Hon. Benjamin Kalu. The Deputy Speaker doubles as the Chairman, House Committee on Constitution Review, while Senator Jibrin is Chairman, Senate Committee on Constitution Review.

Agbakoba noted that he was delighted to note that many states had finally taken it upon themselves to challenge the constitutionality of the EFCC, saying, “This will put to rest the question relating to the validity of the EFCC.”

The letter to the Deputy Senate President, titled, “Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts”, reads: “I commend you for the remarkable leadership you have demonstrated as Chairman, Senate Constitution Review Committee, particularly in advancing the government’s reform agenda through a robust constitutional framework. Your efforts to strengthen the legal infrastructure underpinning the nation’s development programs are indeed commendable.

“I write to draw attention to certain constitutional issues on matters related to law enforcement agencies. As you are obviously aware, the fundamental objective of the government is to abolish corruption. But from my observation, there is no harmony amongst law enforcement agencies on corruption. They all appear to be working at cross purposes.

“This has been confirmed by the Supreme Court in so many cases. The Supreme Court has consistently sanctioned the EFCC for its conduct and questioned if the EFCC can in fact validly do what it does. I will go further to say that I very strongly believe the EFCC is unconstitutionally established. The powers under which it was established go beyond the powers of the National Assembly. The EFCC is an unlawful organization.

“I am very delighted to note that many states have finally taken it upon themselves to challenge the constitutionality of the EFCC. This will put to rest the question relating to the validity of the EFCC. Whilst we await the decision of the Supreme Court as the final court on the matter, I respectfully request that the Senate convene a public hearing to consider these constitutional issues.

“Such a hearing would provide an invaluable platform for stakeholders to discuss the reforms needed to strengthen Nigeria’s legal and institutional frameworks for law enforcement and anti-corruption, which will meet the stated and laudable objective of the government to abolish corruption as stated in Section 13 of the Constitution.

“I trust that, under your capable leadership, the Senate Constitution Review Committee will give these matters urgent attention in the interest of our nation’s development.

Thank you for your consideration of this important matter. I look forward to your response.”

 

Agbakoba writes National Assembly, says EFCC is an unlawful organisation

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MAHNA AL-OTAIBI: INSPIRING THE YOUTH THROUGH DIGITAL MEDIA

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MAHNA AL-OTAIBI: INSPIRING THE YOUTH THROUGH DIGITAL MEDIA

BY CHINEDU NSOFOR

 

Sahara Weekly Reports That Mahna Mohammed Al-Otaibi, born on July 8, 1987, in the holy city of Mecca, Saudi Arabia, has carved out a significant space for himself in the country’s media landscape. Known for his engaging and dynamic presence on social media, especially Snapchat, Mahna has become a prominent figure among Saudi youth, using his platform to connect, inspire, and inform.

 

MAHNA AL-OTAIBI: INSPIRING THE YOUTH THROUGH DIGITAL MEDIA

 

Mahna’s journey started in Mecca, where he completed his education and earned a bachelor’s degree from Umm Al-Qura University. His academic background and deep-rooted connection to his hometown have played an integral role in shaping the themes and content he creates. His ability to blend traditional Saudi values with modern digital storytelling has struck a chord with many, particularly the younger generation.

 

 

His influence on social media is evident through his large and loyal following, with thousands of people tuning in daily to his Snapchat stories. What sets Mahna apart from others is his versatility. He covers a wide range of topics, from educational content and lifestyle tips to cultural insights and entertainment. His content is designed to provide value and engage viewers in meaningful discussions, a key reason behind his growing popularity.

 

 

Despite his digital fame, Mahna maintains a humble and down-to-earth persona, focusing on authenticity and relatability. He often shares moments from his everyday life, blending them with informative and uplifting messages that resonate with his audience. This approach has positioned him as a role model for many young Saudis who see him as a bridge between tradition and modernity.

 

 

As Mahna Al-Otaibi’s influence continues to grow, he has become more than just a social media personality. He is a voice for the youth, encouraging them to embrace both their heritage and the opportunities that modern media offers. In a rapidly changing digital era, Mahna stands as an example of how individuals can use their platforms to create positive and impactful content.

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