₦airaland Forum

Imo, Bauchi, Osun, Taraba join as Anambra, Adamawa, Ebonyi withdraw

The Supreme Court, on Tuesday, reserved judgment in the suit filed by 19 states challenging the constitutionality of the laws establishing the EFCC and two others to a date to be communicated to the parties.

The plaintiffs, in the suit marked: SC/CV/178/2023 had argued that the Supreme Court, in Dr. Joseph Nwobike Vs Federal Republic of Nigeria, had held that it was a UN Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.

The argument was that, in bringing a convention into the Nigerian law, the provision of Section 12 must be complied with.

According to them, the provision of the Constitution necessitated the majority of the states' Houses of Assembly agreeing to bringing the convention in before passing the EFCC Act and others, which was allegedly never done.

The argument of the states in their present suit, which they had reportedly been corroborated by the Supreme Court in the previous case mentioned, is that the law, as enacted, could not be applied to states that never approved of it, in accordance with the provisions of the Nigerian constitution.
Hence, they argued that any institution so formed should be regarded as an illegal institution.

At the resumed hearing on Tuesday, Imo, Bauchi and Osun states joined the suit as co-plaintiffs while Anambra, Ebonyi and Adamawa states announced their decisions to withdraw their suits.

The Attorney-General of the Federation, Lateef Fagbemi, SAN, who was present in court as the Defendant, had craved the court's indulgence to take the process they filed on Tuesday morning.

Justice Uwani Abba-Aji thereby granted leave to the defendant to use the reply on point of law filed on Tuesday.

Mohammed Abdulwahab, SAN, who appeared for the 1st Plaintiff, pointed out that the amended processes filed by the AGF were different from what had initially been filed, noting that he had to refile his processes to answer to the fresh issues and facts.

The old processes were therefore struck out.

"I seek your lordship indulgence to adopt the processes. We urge your lordship to grant all the reliefs sought.

"The crux of our suit is the decision of this court. The counsel that represented the appellant in that suit by the rules of this Court Order 4, will be called to address this court. He participated in the bill that birthed the EFCC and ICPC together," he said.

The judge asked who the Counsel was and Wahab, SAN, replied: Chief Kanu Agabi, SAN.

"Chief Kanu Agabi, SAN, told this court that it was the Convention of the UN that reduced this into law. Section 12, that provision was never followed.

"This fact was not an issue with the case of AG Ondo Vs AG Federation. So there is a specific provision for bringing a convention in. You cannot just be talking about Items 7 of 8.

"We are also challenging the foundation of those laws that created NIFU, EFCC, etc. in order not to create a constitutional crisis.

"We urge you to allow our appeal and award heavy cost in favour of the Plaintiff on record," the Counsel said.

Responding, Fagbemi, SAN, contended that the case of AG Ondo v. AG Federation and other decisions had already settled all the issues raised in the Plaintiffs' case and that the Supreme Court could not depart from those decisions. He therefore prayed that the suit be dismissed.

On AG Ekiti State Vs AGF, Counsel for the Defendant, T. A Gazali, SAN, pointed out that the state was not represented at the last sitting and was not also represented on Tuesday.

"We apply that the matter be struck out for want of diligent prosecution my lord," Gazali prayed. This was granted.

The Attorney-General of Osun State, Oluwole Jimi-Bada, SAN, informed the court of their application for consolidation of their suit with that of Kogi State.

"We have an application before your lordship and with your kind permission, we are ready to proceed. It is an application for consolidation," he said.

The judge, however, said the interesting thing about the case was that they were already part of the matter. "So why do you want to consolidate? Judgment has already been reserved."

Justice Abba-Aji reserved judgment for a date to be communicated to the parties.

On Tuesday, the number of states challenging the constitutionality of the EFCC and others had climbed to 19, including Kogi State, despite the withdrawal of three states.
The court ruled that the judgment on Kogi State would be applied to Ogun, Nasarawa and Osun states that had earlier applied for consolidation.

The states in the suit Vs AGF are:
Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun, Taraba.

Lmao reserve judgment means we have a ruling but let's consult the political elites

When the judiciary of a country is captured there is no Hope for that country

MEEVEET:
Lmao reserve judgment means we have a ruling but let's consult the political elites. When the judiciary of a country is captured there is no Hope for that country

Just imagine! This case should have been thrown out in a sane country but the more you consider the Judiciary in Nigeria, the more you understand why the country is in fact in shambles.

Kobojunkie:
Just imagine! This case should have been thrown out in a sane country but the more you consider the Judiciary in Nigeria, the more you understand why the country is in fact in shambles.

I think the Case has merit

EFCC is a federal agency not a national agency
So them looking at the finance of state makes no sense

The law is clear .. It's similar to FRSC and Lagos equivalent

Only if state invite EFCC should they come

99% of the cases EFCC treat are state case not federal case

MEEVEET:
■ I think the Case has merit. EFCC is a federal agency not a national agency. So them looking at the finance of state makes no sense. The law is clear .. It's similar to FRSC and Lagos equivalent. Only if state invite EFCC should they come. 99% of the cases EFCC treat are state case not federal case

Where do you get this statement that EFCC is a federal agency and not a national agency from? I mean what is the difference between the two ideas you expressed?

Kobojunkie:
Where do you get this statement that EFCC is a federal agency and not a national agency from? I mean what is the difference between the two ideas you expressed?

Nigeria is made up of 3 levels of government (2 and half if we are sincere)

Federal, state and Local government

Federal agencies are for federal government
National agency are owned by the whole nation

Nigerians police
Nigerian custom
Nigerian immigration Services
Nigerian quarantine serive
Nafdac

Federal agencies are like FIRS, federal road safety,

The argument is EFCC is a federal agencie since it was an act that created it

For you to create a national agency it must be through Constitutional amendment which requires state House of assembly too

Let's see supreme Court interpretation

For now all this is argument

MEEVEET:
Nigeria is made up of 3 levels of government (2 and half if we are sincere)
Federal, state and Local government
Federal agencies are for federal government
National agency are owned by the whole nation
Nigerians police
Nigerian custom
Nigerian immigration Services
Nigerian quarantine serive
Nafdac
Federal agencies are like FIRS, federal road safety,
The argument is EFCC is a federal agencie since it was an act that created it
For you to create a national agency it must be through Constitutional amendment which requires state House of assembly too
Let's see supreme Court interpretation
For now all this is argument

Every single one of those agencies in bold were created by Acts as well. So, can you be more specific regarding the difference between National agencies and Federal Agencies.

Kobojunkie:
Every single one of those agencies in bold were created by Acts as well. So, can you be more specific regarding the difference between National agencies and Federal Agencies.

Nah

MEEVEET:
✓ Nah

You should take time to review these things for yourself so you understand that all of the agencies that make up your government both at the National, state and local levels are actually enacted via acts.

NAFDAC ACT Cap N.1 LFN 2004
Police Act 2020
EFCC Act 2002(Amended in 2004)
Federal Inland Revenue Service (ESTABLISHMENT) Act, 2007
Customs, Excise Tariff, Etc. (Consolidation) Act
...

Stop feeding on the gobbledegook fed to the public by propagandists in Nigeria who only play tunes to suit the narrative of their particular paymasters.

Kobojunkie:
You should take time to review these things for yourself so you understand that all of the agencies that make up your government both at the National, state and local levels are actually enacted via acts.

Stop feeding on the gobbledegook fed the public by propagandists in Nigeria who only play tunes to suit the narrative of their particular pay masters.

Which act created the Nigerian police force? Something that predate states in Nigeria

Hey did FRSC lose to Lagos then

MEEVEET:
■ Which act created the Nigerian police force? Something that predate states in Nigeria
■ Hey did FRSC lose to Lagos then

The Nigerian Police Force(which includes EFCC, DSS, Customs, Border Control, etc.) currently operates according to the Police Act 2020.

2. You have to explain what you mean. What do you mean when you say FRSC lost to Lagos?

Kobojunkie:
The Nigerian Police Force(which includes EFCC, DSS, Customs, Border Control, etc.) currently operates according to the Police Act 2020.

2. You have to explain what you mean. What do you mean when you say FRSC lost to Lagos?

Amendment Act not creation very different thing oga

MEEVEET:
■ Amendment Act not creation very different thing oga

I don't understand what you mean at all.

Acts are used in creating or reforming governmental organizations/agencies/policies. Created entities can be amended or reformed. Each has to be signed into law to take effect. The Acts I listed earlier are all signed into law and so we have them today as the foundation on which the agencies each operate.

Kobojunkie:
I don't understand what you mean at all.

Acts are used in creating or reforming governmental organizations/agencies/policies. Created entities can be amended or reformed. Each has to be signed into law to take effect. The Acts I listed earlier are all signed into law and so we have them today as the foundation on which the agencies each operate.

Oga u can amen d rules of a national body by an act

Sure u can amend the rules of the national Assembly by an act

But to create a 3rd national Assembly you can't do that by an act u need a constitutional amendment

There is a huge difference between amendment Act and constitutional amendment

MEEVEET:
✓ Oga u can amen d rules of a national body by an act
Sure u can amend the rules of the national Assembly by an act. But to create a 3rd national Assembly you can't do that by an act u need a constitutional amendment
✓ There is a huge difference between amendment Act and constitutional amendment

The National Assembly is defined in the Constitution so you cannot create a second or a third National Assembly without first amending or better still overhauling the entire Constitution itself.

2. We are not talking here or agencies that were established by the Constitution but rather of agencies/policies that were established by way of acts created by the National Assembly and signed into Law by the President. So, try to pay attention to your use of terms.

Kobojunkie:
The National Assembly is defined in the Constitution so you cannot create a second or a third National Assembly without first amending or better still overhauling the entire Constitution itself.

2. We are not talking here or agencies that were established by the Constitution but rather of agencies/policies that were established by way of acts created by the National Assembly and signed into Law by the President. So, try to pay attention to your use of terms.

Nigerian police is a national Institute just like the national assembly too

MEEVEET:
✓ Nigerian police is a national Institute just like the national assembly too

All agencies created by the National Assembly as Federal/National agencies if we are to follow the definition you gave earlier though. So you need to be more specific as far as this difference you pretend you can make between them.

EFCC is an illegal organization. They should be disbanded and the Chairman arrested and send to jail for running and illegal entity in Nigeria.🤗🤣😂

Kobojunkie:
All agencies created by the National Assembly as Federal/National agencies if we are to follow the definition you gave earlier though. So you need to be more specific as far as this difference you pretend you can make between them.

There was no national Assembly when police was created... The police is order than the national Assembly

MEEVEET:
■ There was no national Assembly when police was created... The police is order than the national Assembly

The Nigeria you have today began the moment that the 1999 democratic Constitution was enacted, I am afraid. Yes, All previous agencies were subsumed based on that defined in the Constitution itself or laws enacted by the National Assembly. It is hard to imagine yes, but it is what it is. The reformed Police have in place many of the hierarchies of old still. However, this does not mean that the police are exactly the same as that existed before the 1999 Constitution became the Supreme Law of the land.

For instance, you cannot say that because Nigeria existed before 1999, you should go back to 1960 to find laws to apply today. No, you first find more recent laws that apply before you go looking for old laws in the case that no recent laws have been enacted in the particular area of concern.

Till now the socalled educated people don't know that EFCC has no power to intrude into or arrest any state governor or workers? I have been saying this for years but people keep attacking me until I decided to keep quiet.

EFCC is a Federal Agency and if we are truely running a Federal System of government,they have no right to look into the finances of States except they're invited by the state concerned. The ACT that created EFCC was not approved by any state in Nigeria (2/3 of states is needed) as specified by the constitution and so their activities are illegal and unconstitutional. ICPC is a legal entity while EFCC is an illegal entity.

The Supreme Court is corrupt because ultimately they'll rule in favor of EFCC and Federal Government against the clear provisions of the constitution.

The governors themselves have retracted their petitions.

Message already passed, allow the LG to breath

id911:
✓ EFCC is a Federal Agency and if we are truely running a Federal System of government,they have no right to look into the finances of States except they're invited by the state concerned. The ACT that created EFCC was not approved by any state in Nigeria (2/3 of states is needed) as specified by the constitution and so their activities are illegal and unconstitutional. ICPC is a legal entity while EFCC is an illegal entity.
The Supreme Court is corrupt because ultimately they'll rule in favor of EFCC and Federal Government against the clear provisions of the constitution.

What you stated here makes no sense as in a federal system, the FG instead has jurisdiction over all citizens including those of them who occupy offices in government.

The way Nigerians rush to adopt misinformation even in this information age that we live in is very disturbing.

Kobojunkie:
What you stated here makes no sense as in a federal system, the FG instead has jurisdiction over all citizens including those of them who occupy offices in government. The way Nigerians rush to adopt misinformation is very disturbing.

Its really sad… sometimes we argue with a flawed logic just because someone wants to sound intelligent. If the states take allocation from the federal government and then members of the national assembly are drawn from the states then I wonder what we are even arguing. If the National assembly can't make laws for the entire federation then of or for what purpose do they exist?

Saintzykie:
■ Its really sad… sometimes we argue with a flawed logic just because someone wants to sound intelligent. If the states take allocation from the federal government and then members of the national assembly are drawn from the states then I wonder what we are even arguing. If the National assembly can't make laws for the entire federation then of or for what purpose do they exist?

Can you go back through your post to be sure you have it all worded correctly? I am having a really hard time understanding what you are asking altogether.

Kobojunkie:
Can you go back through your post to be sure you have it all worded correctly? I am having a really hard time understanding what you are asking altogether.

Apologies. Quoted the wrong statement.

Saintzykie:
✓ Apologies. Quoted the wrong statement.

Ok

Kobojunkie:
What you stated here makes no sense as in a federal system, the FG instead has jurisdiction over all citizens including those of them who occupy offices in government.

The way Nigerians rush to adopt misinformation even in this information age that we live in is very disturbing.

I don't expect you to know and I don't think you have a copy of your constitution to know anything inside there. Nigeria is the only country operating a Federal system upside down largely aided by ignorant people like you. SMH!

id911:
■ I don't expect you to know and I don't think you have a copy of your constitution to know anything inside there. Nigeria is the only country operating a Federal system upside down largely aided by ignorant people like you. SMH!

Do you know what federalism entails yourself? Because your initial claim which I pointed out is flawed reveals you are instead one of those ignorant of what federalism is in fact about.