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Category: Judiciary

  • Supreme Court Dismisses Suit Seeking To Scrap EFCC 

    Supreme Court Dismisses Suit Seeking To Scrap EFCC 

    In what some analysts have likened to the ignoble scenario of corruption fighting against the effort of the government to rein in on corrupt agents of the state, the gambit by 16 state Attorneys General was curtailed by Supreme Court, which on Friday in Abuja, threw out their suit seeking to have the EFCC scrapped.

    The suit, which was initially instituted by attorneys general of 16 states, sought the scrapping of the anti-graft agency.

     While some states withdrew from the suit, some others asked to be joined as co-plaintiffs.

    The state governments, in their suit, had argued that the Supreme Court, in Dr. Joseph Nwobike Vs Federal Republic of Nigeria, held that it was a United Nations Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting the law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.

    They argued that in bringing a convention into Nigerian law, the provision of Section 12 must be complied with.

  • Tinubu Orders Release of Detained #EndBadGovernance Minors

    President Bola Tinubu has directed the immediate release of minors detained in connection with the #EndBadGovernance protests. 

    The order, which aims to reunite these young individuals with their families, was announced by the Minister of Information and National Orientation, Mohammed Idris, during a press briefing on Monday.

    Under the President’s instruction, Attorney-General of the Federation Lateef Fagbemi is set to lead efforts to secure the minors’ release. 

    In apparent face-saving measure, a committee has been established to investigate the circumstances of their arrest and detention, with plans to hold accountable any law enforcement officials involved in improper actions.

    The directive comes in response to rising public concern, including appeals from the Arewa Consultative Forum (ACF), which recently condemned the treason trial of detained minors and called for their unconditional release. 

    The ACF criticized the proceedings as inappropriate, especially given the youths’ participation in the peaceful protests held in August.

  • EFCC Vs Yahaya Bello: Court adjourns to January 21 for ruling or arraignment

    EFCC Vs Yahaya Bello: Court adjourns to January 21 for ruling or arraignment

    A Federal High Court in Abuja has adjourned hearing in the money laundering case brought against the immediate-past Governor of Kogi State, Yahaya Bello, by the Economic and Financial Crimes Commission, to January 21, 2025.

    At the resumed hearing on Wednesday, Counsel to the Economic and Financial Crimes Commission, Kemi Pinheiro, SAN, told Justuce Emeka Nwite that he had two witnesses already in court.

    He said his first application was to formally apply that the court should enter a plea of not guilty on behalf of the defendant, even in his absence.

    “My first application is to formally enter a plea of not guilty to the defendant, even in his absence. The second point is, not withstanding his physical absence, it is in full compliance with Section 276 of ACJA.

    Flowing from that entry my lord, it is a humble request that we call the first witness,” he stated.

    Pinheiro, in defending his application to enter a plea of not guilty for the defendant, said “the right to plead guilty or not guilty is a right that can be waved by the defendant.

    “My lord should hold that the defendant has waved that right.

    “What prejudice will the defendant suffer if my lord enters a plea of guilty or not guilty in his absence?

    Even if he was in court and pleaded not guilty, the situation will still be the same. The entry of plea of not guilty by your lordship is an invitation to the prosecution to come and prove the veracity of the allegations,” he added.

    Michael Adoyi, who appeared for the defendant, however kicked against this, saying that the Prosecution’s application was made contrary to a subsisting order of the judge.

    “Our first point of response to the application made by the learned senior counsel to the complainant is that the application is made contrary to the subsisting order of this honourable court, even made this morning – that no application can be entertained by this court in the absence of the arraignment of the defendant.

    “The prosecution has stated severally that the court cannot demonstrate helplessness. The court cannot demonstrate any helplessness in any proceeding and if at all helplessness exists in this proceeding, that helplessness is demonstrated by the prosecution,” he said.

    Adoyi argued that the court, in a criminal trial, is immune and distinct from the prosecution.

    Citing Supreme Court verdicts on similar matters, he said, “The application made by learned senior counsel for the complainant this morning is a dangerous invitation to this honourable court to aide the prosecution in the performance of its duty of presenting the defendant before the court for arraignment and subsequent trial.”

    He argued that civil proceeding was different from criminal proceeding.The Defendant’s Counsel noted that the prosecution’s application could not be anchored on any of the provisions of the ACJA, 2015 that he had cited, as “those provisions do not excuse the need for physical presence of the defendant.”

    “In view of this, we urge my lord to refuse the application made by the senior counsel to the complainant,” he said.

    The Prosecution Counsel, however, told the court to dismiss Adoyi’s arguments and go ahead with his ruling on entering a plea of not guilty for the Defendant.

    Justice Nwite, however, said it might not be possible to deliver the ruling this year.

    “It may not be possible to deliver this ruling this year. You know I am just coming as vacation judge. So what are we agreeing on now learned silk?” he asked.

    Pinheiro said the matter would be for ruling and/or arraignment of the defendant.

    The Judge thereafter adjourned to 21st January, 2025 for ruling on the application by the EFCC and/or arraignment.

    Recall that, at the last hearing on September 25, the Counsel to the defendant, A.M. Adoyi, had told the court that the issue of arraignment of the defendant was the subject matter of an appeal entered by the defendant at the Supreme Court with the Appeal Number: “SC/CR/847/2024 and SC/CR/848/2024”.

    He said the most appropriate thing to do was to await the decision of the Supreme Court in the aforesaid appeal before taking any step for arraignment so as not to pull the rug off the feet of the Supreme Court.

  • EFCC Seeks Adjournment In Case Against Ex-Governor, Yahaya Bello

    EFCC Seeks Adjournment In Case Against Ex-Governor, Yahaya Bello

    The Economic and Financial Crimes Commission (EFCC) has requested an adjournment of the hearing against the immediate-past Governor of Kogi State, Yahaya Bello, and two others until November 14, 2024.

    The request was made during a session at the FCT High Court, where complexities arose regarding the arraignment process.

    Rotimi Oyedepo, SAN, representing the EFCC, explained that the adjournment was necessary to ensure the presence of Yahaya Bello, who had been previously summoned through public notice.

    Oyedepo clarified the situation around the summons and the pasting of charges, following Justice Maryann E. Anenih’s interjection that only the summons were ordered to be publicized.

    The legal proceedings became contentious as JB Daudu, SAN, who represented the second defendant, objected to the EFCC’s request for adjournment.

    Daudu argued that all defendants should be treated independently and criticized the EFCC’s approach, equating it to using one defendant as a “human shield.”

    He expressed readiness for arraignment and opposed the unnecessary delays affecting his client.

    A.M. Aliyu, SAN, representing the third defendant, aligned with Daudu’s stance and sought to move an application for bail.

    However, Oyedepo countered that since the charges involved allegations of conspiracy, a joint arraignment was necessary, making individual bail applications premature.

    Despite the heated exchanges and legal arguments, Justice Anenih decided against the immediate consideration of bail, directing that formal applications should be submitted in writing.

    The judge then set the dates of November 14th and 20th for the response to the summons and potential arraignment of the defendants.

  • LG Autonomy: FG explains delayed implementation

    LG Autonomy: FG explains delayed implementation

    The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has declared that the federal government did not give state governments a moratorium in the implementation of the Supreme Court judgement on full financial autonomy of the local government areas.

    The AGF explained that there is a delay in the full implementation of the apex court verdict due to the measures being put in place by the federal government towards achieving a successful implementation.

    Fagbemi spoke on Monday while addressing newsmen after he was honoured with an honorary degree during the 12th convocation ceremony and 15th Founder’s Day Event of the Afe Babalola University Ado-Ekiti (ABUAD).

    According to him, there is no going back in the implementation of the judgement for the 774 local government areas to be given financial autonomy in order to ensure development at the grassroots level.

    He warned states not to commit contempt of court by disobeying the verdict of the Supreme Court, adding that the administration of President Bola Tinubu was determined to ensure all duly constituted and elected local government administrators received their allocations directly from the federation account.

    Fagbemi said, “Unfortunately, I know it has been in the media that they gave them (the governors) a three-month moratorium, which is not the position. The position is that yes, the judgement was delivered, but we felt that there is a need to put some things in place before the full implementation. That it is going to be implemented is sacrosanct; nobody can run away from it.

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  • Supreme Court Reserves Judgement In Governors Suit Challenging EFCC’s Establishment

    Supreme Court Reserves Judgement In Governors Suit Challenging EFCC’s Establishment

    The Supreme Court has reserved its judgment on a significant legal challenge brought by 16 state governments against the constitutionality of the laws that establish the Economic and Financial Crimes Commission (EFCC).

    The case, presided over by Justice Uwani Abba-Aji and a seven-member panel of justices, reached this phase on Tuesday after extensive arguments from the involved parties’ attorneys.

    Originally initiated by the Kogi State Government through its Attorney General and Commissioner for Justice, the suit has seen multiple states join as co-plaintiffs.

    The states involved in the suit, marked SC/CV/178/2023, include Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger.

    In a turn of events, the Attorneys General of Anambra, Adamawa, and Ebonyi have withdrawn from the case, with the Supreme Court panel granting their request.

    The suit addresses critical questions about the federal scope of anti-corruption enforcement, challenging the legal foundation of the EFCC’s establishment under current laws.

    The decision of the Supreme Court will be keenly awaited, as it holds substantial implications for federal and state powers in the governance and administration of justice.

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  • Alleged N5.78b Fraud: EFCC re-arraigns ex-Kwara gov Abdulfatah Ahmed

    Alleged N5.78b Fraud: EFCC re-arraigns ex-Kwara gov Abdulfatah Ahmed

    Abdulfatah Ahmed, former Kwara Governor, was on Monday re-arraigned alongside his finance commissioner, Ademola Banu, on a 14-count charge for alleged stealing and mismanagement of N5.78 billion of state funds.

    The duo were arraigned before Justice Mahmud Abdulgafar of the Kwara State High Court sitting in Ilorin.

    The Ilorin Zonal Directorate of the Economic and Financial Crimes Commission, EFCC, brought them before the current judge following the transfer of the former trial judge, Justice Evelyn Anyadike of the Federal High Court sitting in Ilorin.

    Mr. Dele Oyewole, Head of Media and Publicity of the anti-graft agency, said in a statement on Monday that the duo were first arraigned on a 12-count charge of mismanagement of public funds before Justice Anyadike on April 29, 2024, to which they pleaded not guilty.

    Media reports stated that Mr. Ahmed and his finance commissioner were accused of conspiring to steal funds of the Kwara State Universal Basic Education Board.

    After a formal presentation of the case before the trial judge by counsel to the EFCC, Rotimi Jacobs, SAN, and concurrence by the lead counsel to the defendants, Kamaldeen Ajibade, SAN and Gboyega Oyewole, SAN, the duo pleaded not guilty.

    Subsequently, the defence counsel sought the leave of the court to move oral applications for the bail of the defendants.

    They told the court that the case had started since 2019 and the defendants were granted administrative bail by the Commission, which they had never jumped.

    They urged the court to exercise its discretion and admit the defendants to bail as all the offences levelled against them are bailable.

    Ruling on the applications, Justice Abdulgafar admitted Abdulfatah and Banu to bail in the sum of N100 million, with two sureties each. One of the sureties must be a Permanent Secretary, serving or retired.

    The case was adjourned till December 4 – 5, 2024, for commencement of trial.

  • Appeal Court Postpones IPOB Hearing to October 31

    Appeal Court Postpones IPOB Hearing to October 31

    The Court of Appeal in Abuja has moved the hearing for the Indigenous People of Biafra (IPOB) appeal to October 31.

    This appeal challenges the group’s proscription as a terrorist organization by the Federal Government.

    The three-judge panel postponed the session to allow both sides time to submit and exchange all necessary documents.

    IPOB’s leader, Nnamdi Kanu, who is currently detained, has applied to join the appeal as an interested party.

    The appeal targets the 2017 ruling by the late Justice Abdul Abdu-Kafarati of the Federal High Court, which banned IPOB’s activities across Nigeria.

    The proscription followed an ex-parte motion filed by the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, on behalf of the Federal Government.

    In its appeal, IPOB argued that the court’s ruling was unjust and based on incorrect information.

    The group insisted that it operates within the law and that its actions are in line with its constitutional rights to self-determination.

    It claims that its protests have been peaceful, involving non-violent demonstrations such as marches with placards.

    IPOB also highlighted the lack of evidence showing it has engaged in any form of violence.

    The group further criticized the original ruling, alleging that the AGF failed to provide accurate information during the 2017 court session, which led to a biased judgment.

    IPOB’s appeal called for the appellate court to dismiss the proscription order, arguing that the high court misinterpreted its activities and failed to acknowledge its peaceful nature.

    The court instructed all parties involved to ensure that all legal processes are filed and exchanged before the scheduled hearing date.

  • Court Orders INEC To Recognize Julius Abure As Labour Party Chairman

    Court Orders INEC To Recognize Julius Abure As Labour Party Chairman

    The Federal High Court in Abuja has officially recognized Julius Abure as the legitimate Chairman of the Labour Party.

     This decision, delivered by Justice Emeka Nwite, reinforces the leadership structure established during the party’s national convention in Nnewi in March 2024.

     The court’s directive mandates that the Independent National Electoral Commission (INEC) accept Abure’s chairmanship, contradicting its previous assertion that his leadership lacked legal validity. 

    INEC had contended that the Labour Party’s convention breached the Nigerian Constitution and the Electoral Act, claiming that proper legal protocols were not followed. 

    The current decision of the court however, further conflicts the relationship between Mr. Abure and His Excellency Peter Obi, the party’s presidential candidate in the 2023 national election.

    Further developments are anticipated.

  • Falana Dismisses Claims of Charging for Pardon Letters

    Falana Dismisses Claims of Charging for Pardon Letters

    Issues a 24-hour ultimatum for a retraction of the false statements associating him with Bobrisky

    Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has reiterated that he never demands payment for writing letters of pardon.

    The learned silk emphasizes that throughout his 42-year legal career, his practice is rooted in the pursuit of justice, not financial profit.

    Falana clarified that he does not charge fees for interventions in cases of injustice. 

    He highlighted several instances where he provided legal assistance without financial gain, including securing the release of six Nigerians wrongfully detained in Kirikiri Correctional Centre.

    The lawyer addressed recent claims linking him to a N10 million pardon request for Bobrisky, describing the allegations as baseless.

     He maintained that his integrity remains intact, assuring his family and the public of his commitment to justice.

    In response to the allegations, Falana issued a 24-hour ultimatum for a retraction of the false statements associating him with Bobrisky.