₦airaland Forum

Tell me your alternative to the Supreme Court? You do not have any option

Kobojunkie:
You actually put your trust in the Nigerian Judiciary?

Barrywilly:
■ Tell me your alternative to the Supreme Court? You do not have any option

That Nigerians are left with no alternative is no reason why Nigerians should put their trust in the Supreme Court. Rather the trust should be in the Supreme Law of the land— the Constitution of Nigeria —not in the offices defined by the Law.

Afonja44:
Falana should first clear himself of bribery and aiding a homosexual to avoid jail time.

If he aided an Homosexual to avoid jail time how is that your concern Ode. Idiot that have not eaten since morning. instead of you to go look for food you are here talking about who his gay or not.

BABANGBALI:
I've lost all the respect I had for Falana since the case of Mohbad. The dwarf should go and fok himself

maybe your papa should first go and make a name for himself first. Ode

Wealthoptulent:
him sef flaw, flop on top BOB

They have stolen your future and making it legal to do so and what mugu like you can do is to only be concern with a guy who is confused about the sex he belongs and fools like you are ready to mortgage their future just to teach the confused gay a lesson. you lots are a huge joke i swear.

Enice:
All this rubbish for nothing. The FG can merge the EFCC with the NPF and the EFCC inside the NPF will still perform the same function.

You are right i think that is the next step to take.

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.

If u don't know what to say keep quiet.... How did the EFFC came about?

Have you checked.... Its an assignment for you...

Go and read the case instituted against the EFFC by the 16 states Attorney generals... At the supreme court

Illiteracy is a big disease....


Let me Educate you a bit, EFFC be came an organisation in Nigeria in early 2000s when FMR president Obasanjo was seeking for debt forgiveness for Nigeria from Paris club and co, part of the requirements was that Nigeria will join an international anti graft agency by signing the convention treaty and establish an anti corrupt institution.. So the president Obasanjo then hurriedly did and EFFC was created by an act of the national assembly with out domesticating in the constitution of the federal Republic of Nigeria which has component federating units of 36 states, which means for an EFFC or Icpc to be fully valid like Nigeria police force ( law enforcement) the act establishing it must pass through 36 states houses of Assembly if not it's has no jurisdiction under an state in Nigeria now, hence it's an illegal organization not know to law...

That's what Agbakoba SAN is saying

And Falana SAN also hinted by saying that the national assembly should enact a law backing EFFC in the closing latter on the same issues...

Question now is ?who shout himself on the leg

U can now answer yourself

ceevictor:
■ If u don't know what to say keep quiet.... How did the EFFC came about? Have you checked.... Its an assignment for you...Go and read the case instituted against the EFFC by the 16 states Attorney generals... At the supreme court Illiteracy is a big disease....
Let me Educate you a bit, EFFC be came an organisation in Nigeria in early 2000s when FMR president Obasanjo was seeking for debt forgiveness for Nigeria from Paris club and co, part of the requirements was that Nigeria will join an international anti graft agency by signing the convention treaty and establish an anti corrupt institution.. So the president Obasanjo then hurriedly did and EFFC was created by an act of the national assembly with out domesticating in the constitution of the federal Republic of Nigeria which has component federating units of 36 states, which means for an EFFC or Icpc to be fully valid like Nigeria police force ( law enforcement) the act establishing it must pass through 36 states houses of Assembly if not it's has no jurisdiction under an state in Nigeria now, hence it's an illegal organization not know to law... That's what Agbakoba SAN is saying And Falana SAN also hinted by saying that the national assembly should enact a law backing EFFC in the closing latter on the same issues... Question now is ?who shout himself on the leg U can now answer yourself

Here's a simple question for you. What international anti-graft agency did Nigeria join and when did Nigeria join it?

Kobojunkie:
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.

Hear yourself, did you even read the constitution, do u know what federalism means... Do u think people just wake up and talk... The point here is the jurisdiction of EFFC operation since it's not domesticated in constitution of the federal Republic... Do they have powers to carry out operations within the confines of the law!!!

ceevictor:
■ Hear yourself, did you even read the constitution, do u know what federalism means... Do u think people just wake up and talk...
■ The point here is the jurisdiction of EFFC operation since it's not domesticated in constitution of the federal Republic... Do they have powers to carry out operations within the confines of the law!!!

Federalism means absolutely nothing in this case since the Nigerian Police Force(EFCC an arm of it) is not a federalism-based entity, to begin with.

2. The jurisdiction of the EFCC Is that of law enforcement in Nigeria which spans all levels of the nation. This much is made clear in the EFCC Act of 2002 and then the amendment of 2004

Going around and around in circles is not going to change any of the facts that have already been stated here.

Kobojunkie:
Here's a simple question for you. What international anti-graft agency did Nigeria join and when did Nigeria join it?

UN Convention Against Corruption (UNCAC) that the National Assembly converted into the EFCC Establishment Act and that in enacting this law in 2004, the provisions of Section 12 of the 1999 Constitution, as amended, were not followed.

ceevictor:
■ UN Convention Against Corruption (UNCAC) that the National Assembly converted into the EFCC Establishment Act and that in enacting this law in 2004, the provisions of Section 12 of the 1999 Constitution, as amended, were not followed.

EFCC was established— became law — in 2002 via the EFCC Act of 2002. Look at the image below to see the difference in dates?

[quote author=Kobojunkie post=132490250]Federalism means absolutely nothing in this case since the Nigerian Police Force(EFCC an arm of it) is not a federalism-based entity, to begin with.

2. The jurisdiction of the EFCC Is that of law enforcement in Nigeria which spans all levels of the nation. This much is made clear in the EFCC Act of 2002 and then the amendment of 2004

Kobojunkie:
EFCC was established— became law — in 2002 via the EFCC Act of 2002. Look at the image below to see the difference in dates?

What is an ACT? in Law

[quote author=ceevictor post=132490342][/quote]Now ur getting the argument right, since Nigeria police force (NPF) a law enforcement agency created by the constitution of the federal Republic with jurisdiction over all the federation, EFFC and other law enforcement agencies in the country should also be domesticated in the constitution so it will have validity known to LAW sir, Which is the CONSTITUTION

ceevictor:
■ What is an ACT? in Law

The EFCC Act of 2002 was enacted — signed into Law — in 2002 and the EFCC began operations in April of 2003 , after the appointment of the pioneer Executive Chairman, Mallam Nuhu Ribadu. .

ceevictor:
■ Now ur getting the argument right, since Nigeria police force (NPF) a law enforcement agency created by the constitution of the federal Republic with jurisdiction over all the federation
■ , EFFC and other law enforcement agencies in the country should also be domesticated in the constitution so it will have validity known to LAW sir, Which is the CONSTITUTION

Wrong! The Nigerian Police Force was instead created by the Police Act which was amended in 2020— Police Act 2020— by the Law makers in Nigeria.

The Constitution instead required the existence of a Police Force in the Country. The makeup, and number of arms(agencies that comprise Law enforcement, etc.), of that Police Force, however, was left to the decision of the Lawmakers. The decision of the Lawmakers to create several arms for the Police Force(NPF, EFCC, DSS, ICPC...) is well within that defined by the Supreme Law of the Land.

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The United States can be used as an example here. When it comes to Federal Law enforcement, there are at least 80 different agencies — DHS, CIA, FBI, Coast Guard, ICE, Office of the Inspector General....(there are so many of them, and they are all part of Federal Law enforcement.

Kobojunkie:
The EFCC Act of 2002 was enacted — signed into Law — in 2002 and the EFCC began operations in April of 2003 , after the appointment of the pioneer Executive Chairman, Mallam Nuhu Ribadu. .

Define act?

ceevictor:
■ Define act?

Why do we need to engage in such useless endeavors abeg? Get Straight to your point instead!

Kobojunkie:
Wrong! The Nigerian Police Force was instead created by the Police Act which was amended in 2020— Police Act 2020— by the Law makers in Nigeria.

The Constitution instead required the existence of a Police Force in the Country. The makeup, and number of arms(agencies that comprise Law enforcement, etc.), of that Police Force, however, was left to the decision of the Lawmakers. The decision of the Lawmakers to create several arms for the Police Force(NPF, EFCC, DSS, ICPC...) is well within that defined by the Supreme Law of the Land.

---

The United States can be used as an example here. When it comes to Federal Law enforcement, there are at least 80 different agencies — DHS, CIA, FBI, Coast Guard, ICE, Office of the Inspector General....(there are so many of them, and they are all part of Federal Law enforcement.

ESTABLISHMENT OF THE NIGERIA POLICE FORCE
Section 214 of the 1999 Nigerian Constitution reads: There shall be a Police Force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provision of this section no other Police Force shall be established for the Federation or any part thereof.

Kobojunkie:
Why do we need to engage in such useless endeavors abeg? Get Straight to your point instead!

Which section in the 1999 constitution established EFCC as a law enforcement agency??

ceevictor:
■ ESTABLISHMENT OF THE NIGERIA POLICE FORCE
Section 214 of the 1999 Nigerian Constitution reads: There shall be a Police Force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provision of this section no other Police Force shall be established for the Federation or any part thereof.

So?

ceevictor:
■ Which section in the 1999 constitution established EFCC as a law enforcement agency??

The very same section you just quoted from the constitution... Section 214.

Kobojunkie:
The very same section you just quoted from the constitution... Section 214.

Quote the content?

Kobojunkie:
So?

EFFC is not a legal organization known to Nigerian Law

ceevictor:
■ EFFC is not a legal organization known to Nigerian Law

How? Show evidence of this claim.

If an agency was created as an arm of the Nigerian Police Force and signed into Law in 2002 by Nigerian Law makers, what makes said agency an illegal organization?

ceevictor:
■ Quote the content?

The very same one you quoted earlier which mandates the existence of only one Nigerian Police Force in Nigeria. Why are you struggling with comprehending this?

Has he sorted out the case with that LGBT ambassador?

He and his son?

So you say below that EFCC is unconstitutional "...centralization of anti-corruption enforcement violates state sovereignty." The foregoing argument is laughable because unlike the USA where most states were truly sovereign prior to the formation of USA, .Nigeria states were NEVER sovereign as they were creations of their master - the federal government! Secondly, how do you reconcile your arguments with the power of the Nigeria Police to operate nationwide?


You also lost us when you argued below that since "... several state governments and public officials have raised concerns about the EFCC’s authority, particularly regarding its involvement in state financial matters. The ongoing debate about the legality of the EFCC underscores the need for clarity..." Since when do several armed robbers raising concern about anti robbery laws lead to the conclusion that the laws are unconstitutional?

Cmoke


By Angela Ochioma

Femi Falana’s defense of the Economic and Financial Crimes Commission (EFCC) in response to Dr. Olisa Agbakoba’s claim about its legality raises several contradictions and shortcomings. While Falana attempts to paint the EFCC as constitutionally valid, his position undermines key principles of federalism and fails to address the agency's perceived overreach. The nature of Falana’s argument also reveals selective use of judicial rulings that gloss over essential nuances, weakening his stance on the EFCC’s legality.

One of the key issues with Falana’s argument is his dismissal of federalism concerns. Federalism is a core component of the Nigerian Constitution, which recognizes the autonomy of individual states in governance. Dr. Agbakoba’s critique of the EFCC hinges on this principle, arguing that the centralization of anti-corruption enforcement violates state sovereignty. Falana, however, overlooks this critical point. He defends the EFCC by asserting that the agency is supported by constitutional provisions, such as Section 15(5) of the 1999 Constitution, which mandates the state to abolish corrupt practices. But this broad interpretation of the law runs the risk of empowering the EFCC to interfere with state governments, eroding the delicate balance of power between the federal and state levels.

Falana's argument also suffers from internal inconsistency. On the one hand, he advocates for the authority of the EFCC to operate nationwide and prosecute corruption at all levels of government. On the other, he professes support for federalism, which emphasizes decentralization and the autonomy of states. This contradictory stance casts doubt on his commitment to the principle of federalism and raises concerns about his selective application of constitutional ideals. The EFCC, while vital in combatting corruption, operates in a manner that raises legitimate questions about federal overreach. Falana's failure to fully acknowledge these concerns undermines his broader argument.

Another issue with Falana’s defense is his selective citation of Supreme Court rulings to bolster the EFCC’s legality. He references past cases like **Attorney-General of Ondo State v Attorney-General of the Federation**, where the Supreme Court upheld the constitutional validity of anti-corruption bodies like the ICPC. However, this precedent does not directly translate to the EFCC’s operations, as the ICPC’s mandate and scope differ from the EFCC’s broader and more intrusive powers. The absence of a nuanced discussion on how these rulings apply to the unique challenges posed by the EFCC weakens Falana’s argument. Instead of addressing the specific nature of the EFCC’s overreach into state affairs, Falana uses broad rulings to justify its existence, ignoring the complexities involved in balancing federal powers with state sovereignty.

Moreover, Falana's failure to substantiate his claim that no court has ever declared the EFCC unconstitutional highlights a gap in his defense. While it may be true that no legal ruling has annulled the EFCC Act, this does not automatically legitimize the agency's actions, especially in cases where states have pushed back against federal interference. Falana overlooks the fact that several state governments and public officials have raised concerns about the EFCC’s authority, particularly regarding its involvement in state financial matters. The ongoing debate about the legality of the EFCC underscores the need for clarity, and Falana’s simplistic dismissal of these concerns does not help to resolve the issue.

Finally, Falana’s call for the National Assembly to amend the Constitution and formally entrench the EFCC and ICPC only further complicates his position. While this move may provide legal backing for the agencies’ existence, it does not address the fundamental issues of federal overreach and accountability. Instead of offering a comprehensive solution, Falana’s proposal risks entrenching an imbalance of power between the federal government and the states, potentially exacerbating tensions between different levels of governance.

In conclusion, Femi Falana’s defense of the EFCC is riddled with contradictions and selective reasoning. His argument overlooks the legitimate concerns of federalism, fails to engage with the nuances of judicial rulings, and sidesteps the ongoing debate about the agency's role in state affairs. While the fight against corruption is undoubtedly important, it must not come at the expense of state sovereignty or constitutional balance. Falana’s inconsistent defense does little to resolve these tensions and raises more questions than it answers about the future of anti-corruption efforts in Nigeria.

Kobojunkie:
Wrong! The Nigerian Police Force was instead created by the Police Act which was amended in 2020— Police Act 2020— by the Law makers in Nigeria.

The Constitution instead required the existence of a Police Force in the Country. The makeup, and number of arms(agencies that comprise Law enforcement, etc.), of that Police Force, however, was left to the decision of the Lawmakers. The decision of the Lawmakers to create several arms for the Police Force(NPF, EFCC, DSS, ICPC...) is well within that defined by the Supreme Law of the Land.

---

The United States can be used as an example here. When it comes to Federal Law enforcement, there are at least 80 different agencies — DHS, CIA, FBI, Coast Guard, ICE, Office of the Inspector General....(there are so many of them, and they are all part of Federal Law enforcement.

You're right, it also includes the ATF, DEA, Marshals Service, etc...

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

Falana is more credible than Agbakoba

The only one that bothers you is the name of the writer and not what he wrote there. No nation does their affairs anticlockwise, have headway.
A constitutional country need to be constitutional country. Thankfully, the Falana concluded by advising the National Assembly to tinker with the constitution to make EFCC have powers to deal with state affairs but in another length saying delving into state affairs was right on the premise that no court has ever voided their activity. What a big contradiction from a learned Falana.

My big advise to you, it should not be every time you play politics with all issue. Some time you need to put on your thinking cap and slow down politics for the sake of nation development.

K

power44t:
maybe your papa should first go and make a name for himself first. Ode

you've been noticed. Now, go and play with your toys.

Kobojunkie:
1. Exactly how does federalism serve as an argument against the existence of the EFCC(a part of the overall Law Enforcement outfit in Nigeria) though? Na that we wan know. Make you explain yourself rather than throw meaningless claims all over the place.

2. Here's a silly question! Just bear with me for a bit here. If State Governors can sue the FG in the courts, why is the FG not able to investigate, and possibly take the State Governors to the same courts, even if on corruption charges?

These are people paid to write in favor of the governors.

No matter what, we all know that federalism in the sense they preach it cannot work for us. Certain power should not be given to the states as they're fond of abusing it.

They have their judiciary, houses of assembly, SIEC, what have they done with them? Now they want state police and power to have their own anti-graft agency control.

Nigeria is a stupid country. We see what the governors are doing, but we want them to have absolute power.

"LUCIFER.COM".
HE WHO PAYS THE PIPER DICTATES THE TUNES.
THE FG IS PAYING THE 36 CONSTITUTIONAL STATES NOW AND THEREFORE MUST DICTATE WHEREWITHAL FOR OUR 36 CONSTITUTIONAL AUTHORITIES.
UNTIL WE RETURN THE USURPED MANDATES OF SELF POLICING, THAT IS SOCIAL RESPONSIBILITY;
SELF RESOURCING, THAT'S ECONOMIC RESPONSIBILITY; AND SELF ELECTIONEERING POLITICAL AUTONOMIES TO OUR 36 CONSTITUTIONAL STATES AND SCRAP THE EXCLUSIVE LIST OF DECREE24, FALANA IS VERY RIGHT.
AGBAKOGBA SHOULD PLEASE STOP HIS PRESENT TROUBLE SHOOTING.

ORISA37.