Temidayo Akinsuyi, Lagos

Legal experts have expressed divergent views over a new law signed by Governor Babajide Sanwo-Olu of Lagos State which mandates agencies like the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and other anti-graft agencies to hand over corruption cases to the state government.

According to the legislation titled ‘Lagos State Public Complaints and Anti-Corruption Commission Law’ signed by Sanwo-Olu last week, a new anti-corruption agency will have the exclusive rights to investigate financial crimes and corruption cases involving the finances of the Lagos State Government.

Section 13(3) of the law reads, “The commission shall upon the commencement of this law take over the investigation of all anti-corruption and financial crime cases involving the finances and assets of Lagos State Government being investigated by any other agency.”

Section 13(5) also states, “The Commission shall have the power to the exclusion of any other agency or body to investigate and coordinate the investigation of corruption and financial crimes cases involving the finances and assets of the state government.”

Three former Lagos governors, Asiwaju Bola Tinubu, Babatunde Fashola and Akinwunmi Ambode, are said to be currently under investigation by the EFCC.

Speaking with DAILY INDEPENDENT, Professor Itse Sagay SAN, legal icon and Chairman of the Presidential Advisory Committee Against Corruption (PACAC) said:

“Legally, it is possible for the EFCC to hand over corruption cases it is investigating to states, provided there is an agreement between the parties. Under the EFCC Act, the states are allowed to do that. Even private prosecutors can be hired and the state prosecutors can also be involved in state courts.”

When asked if the incumbent governor can prosecute his predecessors, Sagay said: “Any former governor has no immunity, so it is possible for them to be prosecuted.

On his part, Monday Ubani, a former Second Vice- President of the Nigerian Bar Association (NBA) said the anti-graft agencies should not hand over the cases to Lagos as that will mark the end of the investigation.

The former chairman, Ikeja branch of NBA said there is no way Governor Sanwo-Olu can prosecute Tinubu who placed a key role in the position he occupies as Lagos governor.

“I am worried about the EFCC handing over the cases to Lagos State Government. Do they have the powers to prosecute? Can Lagos State Government prosecute Asiwaju Bola Tinubu? We all know that Tinubu is Lagos and Lagos is Tinubu. Is it Sanwo-Olu that will prosecute Tinubu?

“Can Lagos State prosecute Babatunde Fashola? Obviously, if the EFCC should hand over the cases to the Lagos state government, that will be the end of those cases. Let them not just do what will put them in bad light.”

Also speaking, Senator Oserheimen Osunbor, a professor of Law and former Edo state governor said any law passed by the state House of Assembly on corruption or economic crimes is inferior to Acts of the National Assembly which sets up both the EFCC and ICPC.

He said: “To respond to your question I will refer you to the “doctrine of covering the field”. This means that where the Constitution or an Act of the National Assembly has provided for a particular matter and has, so to speak, covered the field, it will be pointless for a House of Assembly of a State to legislate on the same matter.

“That will be duplicity, a surplusage and unconstitutional. Furthermore, Section 4 of the Constitution provides expressly that any law passed by the House of Assembly of a State that is in conflict with an Act of the National Assembly shall be void to the extent of its inconsistency.

“In the same vein, it has long been settled by the Supreme Court in the case of Attorney General of Ondo State v. Attorney General of the Federation some twenty years ago, that the ICPC Act (and presumably the EFCC Act) which seeks to curb corruption is within the legislative competence of the National Assembly.

“In summary therefore, it is beyond any argument that any law passed by the House of Assembly of a State on corruption and economic crimes is inferior to Acts of the National Assembly on the same matter and is void to the extent of its inconsistency”.

Speaking on the new law, Dennis Alamu-George, Executive Secretary of Rescue Nigerian Economy Project, a civil society organisation said Governor Sanwo-Olu is only acting the script of Tinubu to put an end to his prosecution.

He said: “This new law is simply a case of Tinubu and his acolytes creating their own special anti-graft law different from the one that you and I are subject to. It is his own way of pulling the rug off the feet of the APC cabal which wants to use his corruption cases to deflate his presidential campaign.

“This is impunity, lawlessness, traits of dictatorship and demagoguery at play. If a man could do this because he controls only one State and he goes ahead to create a law aimed at exempting him from trial, if he becomes the President, he will create laws to suit himself or punish his opponents. This is a dangerous signal.

“This Lagos law will asphyxiate the EFCC and ICPC. It will narrow their scope of operations because other states will emulate Lagos and create similar laws. All out-going Governors will find the laws very attractive and as a protective shield and the law will only intensify the desperation of outgoing governors to put their lackeys in office by all means as successors”.

https://www.independent.ng/lawyers-differ-over-sanwo-olus-attempt-to-take-over-corruption-cases-from-efcc-icpc/

Tinubu has finally owns lagos with this dullard called Sanwo -Olu

Jashub:
Tinubu has finally owns lagos with this dullard called Sanwo -Olu

what is this one saying

longetivity:
what is this one saying

What I said is not meant for everyone to understand. You can pass it by

Bia o.p why did you put Tinibu's picture how is this news related to Tinibu

Jashub:
Tinubu has finally owns lagos with this dullard called Sanwo -Olu

Igbos go soon die untop Tinibu matter.

XXXXTENTACION:
Igbos go soon die untop Tinibu matter.

Anybody who speaks against Tinubu is an IPOB according to the zombie packs on this forum.

Jashub:
Anybody who speaks against Tinubu is an IPOB according to the zombie packs on this forum.

if you have problems with Tinibu you can settle it with him amicably don't come and disturb our peace here. If Tinibu is the reason why you can't eat three square meals a day please let us know

XXXXTENTACION:
if you have problems with Tinibu you can settle it with him amicably don't come and disturb our peace here. If Tinibu is the reason why you can't eat three square meals a day please let us know

Since when did my opinion of Tinubu suddenly become your business? Or are you his spokesperson....? Nonsense

Jashub:
Since when did my opinion of Tinubu suddenly become your business? Or are you his spokesperson....? Nonsense

You have your opinion and i have my facts. Going around and defaming a person's character, peddling lies up and down against Tinibu is totally unacceptable.

XXXXTENTACION:
You have your opinion and i have my facts. Going around and defaming a person's character, peddling lies up and down against Tinibu is totally unacceptable.

Totally unacceptable to people who he feeds right? I can understand you are protecting your bread and butter. But must you stand with wickedness to protect your daily bread?

Thief's!!

Just like asking FBI To stay off Federal case's...cus one drunk Governor thinks he can, cus havock and get away with it...



I don't talk am before" Lagos state too BIG For one Governor!!

Because you succeeded with creating LCDA, you want to add EFCC join. If all states do like you, what cases will EFCC handle?

Jashub:
Totally unacceptable to people who he feeds right? I can understand you are protecting your bread and butter. But must you stand with wickedness to protect your daily bread?

Lies, lies lies up and down Tinibu does'nt feed me in anyway but i will keep hitting you with the truth.

Spot on with the FBI part.

MajesticKris:
Thief's!!

Just like asking FBI To stay off Federal case's...cus one drunk Governor thinks he can, cus havock and get away with it...



I don't talk am before" Lagos state too BIG For one Governor!!

Jashub:
What I said is not meant for everyone to understand. You can pass it by

Upon how Alaigbo is burning u still have time to shook mouth inside Yoruba matter.

hahaha.....9ja politicians and their brain......nawa!

Exponential101:


Upon how Alaigbo is burning u still have time to shook mouth inside Yoruba matter.

Which Aaigbo is burning? You mean the one your BMC people burnt online? Mtchww... Zombie

XXXXTENTACION:
Lies, lies lies up and down Tinibu does'nt feed me in anyway but i will keep hitting you with the truth.

You mean like this piece of "truth" Tinubu now peddles.

https://www.nairaland.com/6491002/dont-believe-one-nigeria-says

It is laughable when you BMC zombies only see one side to every story

longetivity:
what is this one saying

you know say na kpomo man, dem no dey too get sense. Erudite scholars and practitioners in the field of law has spoken yet na APC îmbecile wan counter them, it's not possible na

Jashub:
Tinubu has finally owns lagos with this dullard called Sanwo -Olu

Like..did you wake up and choose ignorance?

nairavsdollars:
Temidayo Akinsuyi, Lagos


https://www.independent.ng/lawyers-differ-over-sanwo-olus-attempt-to-take-over-corruption-cases-from-efcc-icpc/

These guys ehn...

They are taking advantage of the loopholes in the legal system and constitution to further their illegalities legally

Sanwo that cannot solve apapa gridlock, wants to take over corruption cases........

Foolish lawyers

James Ibori stole billions from Delta State, EFCC froze the asset and money, instead of returning it to Delta State, it was remitted to Federations Account where it is been shared by Kano and Katsina

EFCC would seize cars , laptop , jewelry and money from Lagos Yahoo boys, and auction it cheaply to Kano, Kaduna and Katsina boys, the proceeds is then shared among states that always insult southerners as fruadsters

The sooner all states use their senses and copy Lagos and Kano in creating State Anti Graft Agency, the better.. am glad the bill has passed second reading at Oyo State House of Assembly, and Makinde promised to sign it into law immediately



.

Jashub:
You mean like this piece of "truth" Tinubu now peddles.

https://www.nairaland.com/6491002/dont-believe-one-nigeria-says

It is laughable when you BMC zombies only see one side to every story

Don't worry, Tinubu too would do a pantami.....

Lexusgs430:
Sanwo that cannot solve apapa gridlock, wants to take over corruption cases........

I tire o, honestly i just tyre.

Watch as other states will swiftly pass the kinda bill into law
I see Wike legislating Rivers immediately

Law made by the corrupt for the corrupt na him Nigeria judiciary be.
I dedicate this to my neighbour Ngozi wey yellow and fine well well. She decline my love go date another guy because I no be Ibo, aren’t we supposed to be One Nigeria

The State governor will have influence on who will be investigated and prosecuted.

Bouz:
I tire o, honestly i just tyre.

An attempt to convert his boss, into a Saint..... Clearing his path to contest in 2023........