₦airaland Forum

Kobojunkie:
Wrong! You cannot CONSTITUTIONALLY amend or legislate corruption away!

Even that independent appointment of the chairman can tomorrow sell out to the highest bidder. We have seen this happen time and time again in history, enough to realize that it does not take more laws to boot corruption but rather transparency and involvement of the people at all levels... When the people become the eyes and ears at every level of Government... then we have a better chance of beating corruption in that country.

We are talking constitutionality Mr !

iTsupport:
the 1999 constitution itself needs a total review.

So you go remove the need for Police Force from the Constitution?

This is just a mere opinion article.

EFCC has been doing their job effectively, that's what matters for now.

SonofElElyonRet:
■ We are talking constitutionality Mr !

The Constitution should have nothing to do with this debate and should not even be brought up except for the dubious desires of some to argue meaninglessly in this case.

Shadomaan7:
This is just a mere opinion article. EFCC has been doing their job effectively, that's what matters for now.

Liar!

Falana is a well-known legal luminary, who's Angela Ochioma? Another deluded obirodent miscreant?

Kobojunkie:
Wrong! You cannot CONSTITUTIONALLY amend or legislate corruption away!

Even that independent appointment of the chairman can tomorrow sell out to the highest bidder. We have seen this happen time and time again in history, enough to realize that it does not take more laws to boot corruption but rather transparency and involvement/participation of the people at all levels... When the people become the eyes and ears at every level of Government... then we have a better chance of beating corruption in that country.

While we have state commands of police , we also have IGP who often times influence them . Case in point - Rivers state LG elections . EFCC is so centralized that its effectiveness has been in doubt in the face of abuse as a tool for political settlement .
Nigeria needs strong institutions . Institutions that will function with either a good or bad president or governors . EFCC right from inception has failed woefully to stymie corruption at the top level in Nigeria . ICPC is even a much useless organization .

So we are arguing about EFCC's legality now? Why are people so gullible in this country? If you don't commit financial crimes, will EFCC go after you?

There are people who want Nigeria to remain stagnant and those useless governors are part of them. Thieves!

blaise26abj:
■ While we have state commands of police , we also have IGP who often times influence them . Case in point - Rivers state LG elections .
■ EFCC is so centralized that its effectiveness has been in doubt in the face of abuse as a tool for political settlement .
■ Nigeria needs strong institutions . Institutions that will function with either a good or bad president or governors .
■ EFCC right from inception has failed woefully to stymie corruption at the top level in Nigeria . ICPC is even a much useless organization .

1. Do you deem the NPF unconstitutional as a result of corrupt practices and abuse of power by those who head them?

2. The EFCC's reach is as far as that of the NPF since it is an arm of the Law enforcement outfit Nigeria meaning whatever centralization it has is shared by the NPF. Its reach is as far as individual Nigerians and even political office holders. The NPF(EFCC an arm of it) has been used for a long time now in the way you describe in bold. Does it make sense to declare the NPF unconstitutional by that?

3. Strong institutions are realized only when corruption is contained and strong people demand and work towards the having of such institutions continuously.

4. The NPF(EFCC as well) exists today as they do because of the massive scale of corruption that continues to plague Nigerian systems. And there is no way to legislate away corruption at any level of government.

Honestly, we need to learn to approach problems intelligently instead of running off with whatever propaganda or lies are fed to us by the same set of kakistocrats responsible for the corruption in the system. Nigeria needs stronger institutions and stronger institutions can only become a reality when Nigerians tackle corruption head-on both at the local, state, and national levels. No polices, acts, or changes in the laws are necessary to achieve this as the major reason for corruption in the first place is the lack of wholistic implementation of policies and laws at every level.

I know say Igbo e go be. They must support criminally. Oya carry your wig go Court nah. Supreme Court dey wait for all of una

[quote author=AnonPoet post=132486437][/quote]This is a very simple issue, can the police arrest a citizen for committing a crime in state within Nigeria? The answer is yes. EFCC prosecutes state Governors after their tenure and not during their term in office. The ex-governor is a citizen and the Nigerian state, whether through EFCC, ICPC or whatever has a right to prosecute the mismangement of funds. If the EFCC cannot prosecute ex-governors or ex-presidents then who will?

Since the matter is before the Supreme Court of Nigeria, why not hold your peace and allow the court to rule on it?

Barrywilly:
Since the matter is before the Supreme Court of Nigeria, why not hold your peace and allow the court to rule on it?

You actually put your trust in the Nigerian Judiciary?

Kobojunkie:
The EFCC was established via the EFCC Establishment Act of 2002(Amended in 2004) to act as an arm of the Law Enforcement in Nigeria commissioned to combat economic and financial crimes, thereby enabling the Commission to prevent, investigate, prosecute and penalize economic and financial crimes.

2. The EFCC is not a State that it should be said to compete in any way with the federalism status of States or LGs in the country though. It is instead a Law enforcement agency and like all Law enforcement in Nigeria at this time, its jurisdiction covers all levels of the country.

You are right.

Will they also say the Nigerian police is unconstitutional?

I keep saying that the state governors are the biggest problem in Nigeria.

[quote author=AnonPoet post=132486437][/quote]This argument does not make sense just because you want efcc dead. You may advocate for overhauling of the commission but not federalism wahala.
Why are states not having their police, conduct election for themselves, have their own police and army?
In US, we have the FBI and many central agents that carry out their duties regardless of any unit of the country.
What you should advocate is that efcc should be independent of the executive and also should investigate the federal government itself

CaptainGo:
■ You are right. Will they also say the Nigerian police is unconstitutional. I keep saying that the state governors are the biggest problem in Nigeria.

I believe the people are the biggest problem since they refuse to this day to hold their state and LG governments accountable for any of the numerous crimes committed against them daily. It's ridiculous!

Samtob90:
■ This argument does not make sense just because you want efcc dead. You may advocate for overhauling of the commission but not federalism wahala.
Why are states not having their police, conduct election for themselves, have their own police and army? In US, we have the FBI and many central agents that carry out their duties regardless of any unit of the country.
What you should advocate is that efcc should be independent of the executive and also should investigate the federal government itself

EFCC already has the power to investigate even the FG. The major problem however is the very same corruption and abuse of power you find in every agency across all of Nigeria. And these are issues that cannot simply be legislated away. There are currently checks and balances in the system. The problem remains that they mostly go unimplemented and unused. Why? Corruption from the bottom up and from the top down.

That Agbakoba na werey!

Even with EFCC in place, corruption still thrives in the country, yet the mumu wants it abolished. It seems the agency is planning to touch him or someone close to him because I don’t understand why he just woke up to understand the agency is unconstitutional after its 21years of existence.

Kobojunkie:
The Constitution should have nothing to do with this debate and should not even be brought up except for the dubious desires of some to argue meaninglessly in this case.

All you are doing is talking from emotion. Cases are not decided based on emotion.. it's the law that courts interpret. You need to understand that

SonofElElyonRet:
■ All you are doing is talking from emotion. Cases are not decided based on emotion.. it's the law that courts interpret. You need to understand that

What emotion? Are you alright at all?

This point here is that this should be a noncase given that the law is clear on the place of Law enforcement in Nigeria.. our courts should not be wasting taxpayer money on issues such as these since the Law is clear on what is and what is not.

Kobojunkie:
What emotion? Are you alright at all?

This point here is that this should be a noncase given that the law is clear on the place of Law enforcement in Nigeria.. our courts should not be wasting taxpayer money on issues such as these since the Law is clear on what is and what is not.

You are talking to your dad you ill bred brat.. you think you have the right to insult everyone you come across online? If you can not comprehend that there is indeed a constitutional issue as expressed by legal luminaries which the court needs to resolve then there's no need to continue to respond to an abusive lout like you.

SonofElElyonRet:
■ You are talking to your dad you ill bred brat..
■ you think you have the right to insult everyone you come across online?
■ If you can not comprehend that there is indeed a constitutional issue as
■ expressed by legal luminaries which the court needs to resolve then there's no need to continue to respond to an abusive lout like you.

Whose dad? Get the F-k away from me with your brand of lunacy! 😏😏

2. Do you think you can use age to bully me into accepting what is a stewpid argument? Are you OK at all? 😏😏

3. Again, there is absolutely nothing constitutional about any of this man's silly tirade since the NPF which the EFCC is a part of is legally established in the Supreme Law of the Land. If you are having problems wrapping your mind around this then I suggest you get off the internet and reason it a bit longer until you do. Do not come online to insult yourself thinking you insult me by it.

4. Shame no catch you say you dey project these men who helped destroy this country over their many years in practice... and reduce the judiciary to the ridiculous state it exists in today... are regarded as legal luminaries by your kind. It is really pathetic and sad to think that as long as people who reason like you remain the majority in that country, no progress will in fact be made.

Salewa97:
The writer of this piece na Agbakoba's boy.

Falana is more credible than Agbakoba

Define credible?

Agbakoba is one of the biggest, if not the biggest marine lawyer we have in Nigeria, and has headed the Nigeria Bar Association.

While Falana has also paid his dues, and a successful human right lawyer.

I can't say one is better than the other, but i will go for Agbakoba, due to how coherent he is speaking.

Kobojunkie:
The EFCC was established via the EFCC Establishment Act of 2002(Amended in 2004) to act as an arm of the Law Enforcement in Nigeria commissioned to combat economic and financial crimes, thereby enabling the Commission to prevent, investigate, prosecute and penalize economic and financial crimes.

2. The EFCC is not a State that it should be said to compete in any way with the federalism status of States or LGs in the country though. It is instead a Law enforcement agency and like all Law enforcement in Nigeria at this time, its jurisdiction covers all levels of the country.

Correct and Very simple.

So, Na now Kogi State went to court with others that EFCC did not have 2/3 approval of the states when it was created simply because Yaya Belle swallow or spent federal allocation anyhow. EFCC is like police and army. FG gave the allocation to states so he has the right to asked them How they spent it.

phemray:
■ Correct and Very simple. So, Na now Kogi State went to court with others that EFCC did not have 2/3 approval of the states when it was created simply because Yaya Belle swallow or spent federal allocation anyhow.
■ EFCC is like police and army. FG gave the allocation to states so he has the right to asked them How they spent it.

EFCC didn't have 2/3rd approval of the State Governors? Why was such an approval need or even considered necessary abeg? Did the establishment of the NPF also require approval from the State Governors or what?

2. EFCC is established as part of the policing system in Nigeria. So, I really do not understand for a minute why any of this non-issue is being made an issue at all.

Kobojunkie:
EFCC didn't have 2/3rd approval of the State Governors? Why was such an approval need or even considered necessary abeg?

Though it’s clear to all that this is actually corruption trying to fight back, carefully read the quote below, to see the actual bone of contention - Subsection three(3) of section 12 of the constitution was avoided during enactment of the Efcc act, the state government found this loophole and are trying to exploit it...

Their argument is that the enactment of the EFCC Act negated the powers and rights of the states as federating units within a Federation. They contend that as states, they have functional Houses of Assembly but the input of these Houses of Assembly was not sought in the course of the enactment of the EFCC Act as required by the 1999 Constitution (as amended).

On this, they have approached the Supreme Court to seek clarification on why the opinion of the State Assemblies was not sought as enshrined in the Constitution.
The state governments cite the case of Dr. Joseph Nwobike Vs Federal Republic of Nigeria, wherein the Supreme Court held that it was a UN Convention Against Corruption (UNCAC) that the National Assembly turned into the EFCC Establishment Act and that in enacting this law in 2003, the provisions of Section 12 of the 1999 Constitution, as amended, were arbitrarily discounted by the Federal lawmakers.

The state governments argued that in transforming a Convention into a Nigerian law, the provisions of Section 12 must be complied with. The state governments assert that the provisions of the Constitution demand that a majority of the states’ Houses of Assembly shall agree to bring the UN Convention into Nigeria before passing the EFCC Act or any other such law. They maintain that this critical requirement that underscores the sovereignty of Nigeria as a self-governing entity was never met neither was the constitutional procedure followed.

Here is what the Constitution says. Section 12, subsection (2) of the 1999 Constitution (as amended) states that “the National Assembly may make laws for the Federation or any part thereof with respect to matters not included in the Exclusive Legislative List for the purpose of implementing a treaty.” The UNCAC from which the EFCC was derived is a treaty which Nigeria ratified on 14 December 2004. It is from this treaty that the EFCC Act was enacted at the behest of the Executive and the National Assembly without the concordance of the State Assemblies.

Subsection three(3) of section 12 states that “a bill of the National Assembly passed pursuant to the provisions of subsection (2) of the section shall not be presented to the President for assent, and shall not be enacted, unless it is ratified by a majority of all the Houses of Assembly in the Federation.” Herein is the crux of the matter.

Should the EFCC and other bills have been enacted into an Act of parliament without the concurrent ratification by a majority of the states’ Houses of Assembly? This is the knotty conundrum that the wise Justices of the Supreme Court would be adjudicating on in the coming days.

https://dailytrust.com/efcc-vs-the-constitution-waiting-for-supreme-court/

Skanas:
https://dailytrust.com/efcc-vs-the-constitution-waiting-for-supreme-court/
Though it’s clear to all that this is actually corruption trying to fight back, carefully read the above, to see the actual bone of contention - Subsection three(3) of section 12 of the constitution was avoided during enactment of the Efcc act, the state government found this loophole and are trying to exploit it...

Interesting argument they make. However, if you examine the EFCC Act of 2004 itself, you will find that it was established as a replacement for the former Financial Crimes Commissions Act of 2002 rather than as an implementation of the UNCAC or UN treaty mentioned in the report above. The 25-page document that is the EFCC Act of 2024 contains no reference to UNCAC Or the United Nations.

A good lawyer can easily argue that the bill does not in any way connect to Section 12(2) and so no way section 12(3) need not apply at all, but my concern is this is a waste of the people's time and resources.

[quote author=AnonPoet post=132486437][/quote]Hypocrites Falana and the occupy Nigeria 2012

Kobojunkie:
Interesting argument they make. However, if you examine the EFCC Act of 2004 itself, you will find that it was established as a replacement for the former Financial Crimes Commissions Act of 2002 rather than as an implementation of the UNCAC or UN treaty mentioned in the report above.

The above argument have been tested in the apex court already in the case of Nwobike vs FGN 👇

On this, they have approached the Supreme Court to seek clarification on why the opinion of the State Assemblies was not sought as enshrined in the Constitution.
The state governments cite the case of Dr. Joseph Nwobike Vs Federal Republic of Nigeria, wherein the Supreme Court held that it was a UN Convention Against Corruption (UNCAC) that the National Assembly turned into the EFCC Establishment Act

Skanas:
■ The above argument have been tested in the apex court already in the case of Nwobike vs FGN 👇

The Supreme court can easily change its mind after examining the other side of this which is that there is no direct mention of the treaty or any association with a treaty in the document itself coupled with the fact that the Act was meant as a replacement to a previously existing Act.

Nigeria already had an EFCC Act 2002 — 2 years before the UNCAC Treaty —which was then replaced with the EFCC Act 2004. EFCC 2004 is claimed as the amendment that was made to comply with UNCAC in 2004 but EFCC existed before UNCAC.

Kobojunkie:
While I am not here to argue for Falana's case since I have never really heard his side, this much I know @OP. Your argument is nothing but bollocks abeg!

The same Lawmakers who established the Nigerian Police Force also established the EFCC and ICPC as part of the overall Law enforcement agencies in the country. Arguing that having such outfits combined as part of Nigeria's crime team is unconstitutional is ludicrous. And suggesting that somehow their existence hampers federalism is inane.

Next time, please don't come insulting our intelligence for Pete's sake!

You seems not to understand what federalism is all about. For an agency to be called a true federal agency, it must be supported by at least 2/3 of the 36 states House of Assemblies. This is the bottom line of the arguments, the States House of Assemblies were not part of the establishment.

Odidigboigbo:
■ You seems not to understand what federalism is all about. For an agency to be called a true federal agency,
■ it must be supported by at least 2/3 of the 36 states House of Assemblies. This is the bottom line of the arguments, the States House of Assemblies were not part of the establishment.

I am afraid you are instead the one who does not understand what Federalism is in fact about. I suggest you instead spend some time doing some studying on google before you continue here, please.

2. By 2/3rd support, I suspect you instead refer to section 12(3) of the Constitution , right? That section has nothing to do with Federalism by the way. It instead has to do with the enactment of treaties i.e. making of laws. This also does not apply in this place since the EFCC Act of 2002 was enacted in 2002 by law, and not as part of any treaty. The amendment of the same Act which happened in 2004 does not constitute an enactment. or making of laws. Rather, it has to do with amendment of existing law and that is not covered by Section 12 of the Constitution.