Falana tackles Agbakoba over EFCC legal status – Newstrends
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Falana tackles Agbakoba over EFCC legal status

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Falana tackles Agbakoba over EFCC legal status

Human rights activist and lawyer, Femi Falana (SAN), has written to the President of the Senate, Senator Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, to oppose the view expressed by the ex-president of the Nigerian Bar Association, Dr Olisa Agbakoba (SAN), regarding the legal status of the Economic and Financial Crimes Commission (EFCC).

In a letter dated 17 October 2024, Falana disagreed with Agbakoba’s assertion that the EFCC is an “unlawful organisation.”

The letter read: “Our attention has been drawn to separate letters addressed to the Senate and House of Representatives, dated 14 October 2024, entitled: ‘Re: Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts,’ in which Dr Olisa Agbakoba argued that the power under which the EFCC was established exceeds the powers of the National Assembly.

“Convinced that the Economic and Financial Crimes Commission is ‘an unlawful organisation’ because it was ‘unconstitutionally established,’ Agbakoba stated that he was pleased to see many states challenging the constitutionality of the EFCC.”

Falana further stated that Agbakoba did not cite any case to substantiate his claim that the Supreme Court had criticised the EFCC’s activities and existence.

He stated, “Even though Dr Agbakoba did not refer to any particular case, he claimed that the Supreme Court has often criticised the EFCC. On the contrary, the Supreme Court has consistently supported the efforts of both the ICPC and EFCC in combating the miasma of monumental corruption in the country.”

Falana also noted that Agbakoba’s position was based on the premise that the establishment of the EFCC violated the basic principles of federalism.

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“It is pertinent to recall that in the celebrated case of the Attorney-General of Ondo State v Attorney-General of the Federation & Ors (2022) 27 WRN 1, the Plaintiff (Ondo State Government) challenged the constitutional validity of the Independent Corrupt Practices and Other Related Offences Commission Act, 2000. The Attorney-General of Ondo State was the Plaintiff, while the Attorney-General of the Federation and the Attorneys-General of 35 states were the Defendants.

“In that case, the late Professor Ben Nwabueze and Dr Agbakoba acted as amici curiae, while I was privileged to represent one of the Defendants. It is on record that several Defendants and the amici curiae argued extensively that the ICPC Act was unconstitutional in every material particular. Both amici curiae urged the court to annul the ICPC Act.

“Upon critically analysing the submissions of all counsel, including the amici curiae, the apex court upheld the constitutional validity of the ICPC Act. In the leading judgment delivered by Uwais CJN (as he then was), it was held that the National Assembly has the sole power to establish and regulate authorities for the federation or any part thereof to promote and enforce the nation’s responsibility to abolish all corrupt practices and abuse of power, as enshrined in section 15(5) of the 1999 CFRN.

“If this is a breach of the principles of federalism, then, I am afraid, it is the Constitution itself that facilitates the breach. As long as the aberration is supported by the provisions of the Constitution, it cannot rightly be argued that any illegality has occurred due to the Constitution’s failure to adhere to cardinal principles, which are at best ideals for guidance in an ideal situation… the provisions of Section 13 thereof apply to all organs of government and all authorities and persons exercising legislative, executive, or judicial powers.”

He added, “The provisions do not distinguish between Federal, State or Local Governments. Again, the provisions of Section 14 subsection (4) specifically apply to the government or council, and the conduct of the affairs of the government or council or such agencies.” See Olafisoye v. FRN (2004) 4 NWLR (Pt. 864) 580.

“Even though we cannot comment on the merit of the pending case at the Supreme Court of Nigeria, it is pertinent to refer members of the National Assembly to the case of Attorney-General of Abia State v Attorney-General of the Federation (2024) LPELR-62576 (SC). In that case, the Plaintiff argued that the EFCC’s power to prosecute financial crimes did not extend to managing the accounts of the Abia State Government.

“The Plaintiff sought declarations, including a perpetual injunction, to prevent the EFCC from taking such actions, including freezing its bank accounts. The Defendant (AGF) filed a preliminary objection, arguing that it had been incorrectly sued, as the EFCC was an independent body outside its lawful management and control.

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“In upholding the Defendants’ preliminary objection, the Supreme Court held that the case did not disclose any dispute between the Plaintiff and the Defendants within the meaning of section 232(1) of the Constitution, and that there was no complaint against the first Defendant (AGF) as representing the Federal Government, as all the complaints were against the EFCC.”

Speaking further, Falana noted that since the establishment of the EFCC, no one had challenged the legality of the EFCC Act in any court of law.

“Consequently, the Supreme Court struck out the case but held that the Plaintiff is at liberty to sue the EFCC, but not in the Supreme Court, as the EFCC is neither a state nor the federation. We wish to state without any fear of contradiction that no state government has followed the advice of the apex court by filing a suit to challenge the constitutionality of the EFCC Act in a court of competent jurisdiction.

“However, several former governors have continued to question the EFCC’s authority to arrest, investigate, and prosecute them for the criminal diversion of public funds belonging to state governments. For instance, in the case of Nyame vs. the Federal Republic of Nigeria (2010) 3 SC (Pt.1) 78, the Supreme Court held, inter alia: ‘Sections 6(m) and 46 of the Economic and Financial Crimes Commission (Establishment) Act vest the EFCC with the function and duty of investigating and prosecuting persons suspected of engaging in financial crimes. It is unreasonable for a person to rush to court to place a clog or shield against criminal investigation and prosecution’.”

Arguing further, Falana stated, “In view of the duty imposed on the state by Section 15(5) of the Constitution to ‘abolish all corrupt practices and abuse of power’, the Supreme Court, in the case of Shema vs. Federal Republic of Nigeria (2018) 9 NWLR (Pt. 1624) 337 at 398, held that ‘in the co-operative federalism practised in Nigeria, the EFCC is a common agency empowered to investigate and prosecute offenders for both federal and state economic and financial crimes and as such qualifies as ‘any other authority or person’ empowered by section 211(1)(b) of the Constitution to institute or initiate criminal proceedings’.”

“The EFCC is the coordinating agency for the enforcement of the provisions of any other law or regulation on economic and financial crimes, including the Criminal Code and Penal Code. The Commission has powers under section 13(2) of the EFCC Act to prosecute offences as long as they are financial crimes.”

Falana criticised some state governments for seeking to frustrate the Federal Government’s anti-graft initiatives instead of supporting these agencies to thrive.

He added, “Instead of ensuring that the EFCC, ICPC, and Code of Conduct Bureau serve as ‘common agencies’ of the people of Nigeria in combating monumental corruption, some state governments have shown a tendency to terminate grave economic and financial crimes by filing nolle prosequi applications.

“Others typically rush to either State High Court or Federal High Court to obtain frivolous court injunctions to frustrate the prosecution of serving public officers, thereby making a mockery of public accountability and transparency in government.”

Falana urged the National Assembly to seize the opportunity provided by the ongoing Constitution amendment to resolve questions about the legality of the EFCC and the Independent Corrupt Practices and Other Related Offences Commission by entrenching both in the Constitution.

“In light of the foregoing, we urge members of the National Assembly to take advantage of the ongoing constitutional review to end the diversionary debate about the validity of the EFCC Act and ICPC Act by entrenching both the Economic and Financial Crimes Commission and the Independent Corrupt Practices and Other Related Offences Commission in the Constitution.

“In other words, if both commissions are constitutionalised, they will be protected and strengthened to fight the menace of corruption and money laundering,” Falana stated.

Falana tackles Agbakoba over EFCC legal status

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Adebayo Ogunlesi, 2 other Nigerians make Forbes 50 wealthiest Black Americans list 2024

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Adebayo Ogunlesi

Adebayo Ogunlesi, 2 other Nigerians make Forbes 50 wealthiest Black Americans list 2024

Forbes has unveiled its 2024 ForbesBLK 50 list, celebrating the achievements of the wealthiest and most influential Black Americans.

Among the honorees are three Nigerians—Adebayo Ogunlesi, Tope Awotona, and Wemimo Abbey—whose groundbreaking contributions and entrepreneurial successes have earned them places on this prestigious list.

The ForbesBLK 50 is a reimagining of Forbes’ 2009 Wealthiest Black Americans list, which then featured figures like Oprah Winfrey, Michael Jordan, and Magic Johnson.

While net worth remains a core metric, the new list also highlights innovation, societal impact, and leadership across diverse industries.

Adebayo Ogunlesi, with a net worth of $1.7 billion, stands out as a pioneering force in global infrastructure investment. As chairman and cofounder of Global Infrastructure Partners (GIP), Ogunlesi led the private equity firm through a transformative acquisition by BlackRock in 2024 for $12.5 billion.

  • Ogunlesi, a Harvard-educated lawyer and banker, previously spent over two decades at Credit Suisse before launching GIP in 2006.
  • His influence extends beyond business, as he has become a key figure in reshaping infrastructure investment on a global scale.

Also, Nigerian entrepreneur,Tope Awotona, the founder and CEO of Calendly, has redefined efficiency in scheduling and holds a net worth of $1.4 billion.

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  • Born in Lagos, Awotona moved to Atlanta as a teenager and pursued business and management information studies at the University of Georgia. After early entrepreneurial setbacks, he launched Calendly in 2013, driven by frustration with cumbersome meeting coordination. The platform, which raised $350 million in 2021, is now valued at $3 billion and serves millions of users worldwide.

Although not a ranking, Wemimo Abbey, at just 32, is the youngest Nigerian on the list and cofounder of Esusu, an African fintech company addressing financial inclusion. Esusu helps renters build credit by reporting rent payments to credit bureaus, a service utilized by more than 20,000 properties and benefiting 1.8 million Americans.

  • In 2022, Esusu achieved a $1 billion valuation following a $130 million funding round. Abbey, who grew up in Lagos, has a background in mergers and acquisitions consulting and a passion for leveraging technology to drive social impact.

These three Nigerians show innovation, resilience, and the drive to address pressing global challenges. Their inclusion on the ForbesBLK 50 list is a foretelling of their entrepreneurial vision and the increasing influence of Nigerians on the global stage.

The ForbesBLK 50 list, launched under ForbesBLK, aims to go beyond net worth to measure impact and influence within the Black community and beyond.

Adebayo Ogunlesi, 2 other Nigerians make Forbes 50 wealthiest Black Americans list 2024

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Northern youths say new tax regime bill designed to ruin region

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President Bola Ahmed Tinubu

Northern youths say new tax regime bill designed to ruin region

Coalition of Northern Groups, Taraba State chapter, has expressed concerns that the proposed Tax Reform Bill by President Bola Ahmed Tinubu’s administration is cunningly designed with all premeditated intent and purposes to further develop the southern Nigeria at the expense of the north.

The northern youths, who lamented the economic hardship in the country, concluded that the effect bears more scars on the region than any other.

Aside from the new Tax Reform Bill, the group also condemned the federal government’s land-border closure, alleging that the ideas favour the South more than the North.

The group, in a statement signed by its coordinator, Comrade Idris Ayuba, made available to Vanguard Correspondent in Ilorin alleged that most difficulties the North faces are the repercussions of the decisions, citing the effect of Petroleum subsidy removal, land border closure and the new tax regime as few examples.

He noted in the statement that”reduction in the consumption of a capital commodity like petroleum occasioned by the subsidy removal is not a manifestation of a positive policy impact; it rather indicates reduced economic activities that force people out of energy consumption,”

On the land border closure, Idris said: “One of the primary concerns is the impact of this policy on the regional economy, which has been heavily reliant on cross-border trade with neighbouring countries. The closure has resulted in significant losses for traders and business owners in the region, exacerbating poverty and unemployment.

“The policy has given undue advantage to Southern Nigeria, for instance, the closure has led to an increase in demand for locally produced goods in Southern Nigeria, which has boosted the southern regional economy.

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“Additionally, the Southern region has benefited from the increased revenue generated from customs duties and taxes on imported goods.

“The closure has also created an imbalance in the distribution of economic opportunities, with Southern Nigeria having greater access to ports and international trade routes.

” This has resulted in a concentration of economic activity in the Southern region, further marginalizing Northern Nigeria,” Idris explained in the statement.

Northern youths say new tax regime bill designed to ruin region

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BREAKING: National Assembly extends lifespan of 2024 budget

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Senate President, Godswill Akpabio

BREAKING: National Assembly extends lifespan of 2024 budget

President of the Senate, Godswill Akpabio, has explained that the impressive performance of the 2024 national budget encouraged members of the National Assembly to extend the lifespan of the 2024 budget beyond December 31 this year.

Akpabio gave the explanation Wednesday in his welcome address during the presentation of the 2025 national budget to the joint session of the federal parliament.

He said, “We have noted the 2024 budget performances of 50% for capital expenditure and 48% for recurrent expenditure respectively.

“Given these great achievements, we have deemed it necessary to extend the life of the 2024 budget to June 30, 2025.

“The enabling law for this extension has already been put in place by this patriotic Assembly, as a testament to our appreciation for the great performance of the budget, ensuring we build upon your momentum.

“We commend your steadfast commitment to collaborate, cooperate and work with the National Assembly to achieve your grand vision for Nigeria.”

As the red chamber planned to start deliberations on the budget proposals, Akpabio warned heads of the various ministries, departments and agencies of the Federal Government to make themselves available for the budget defence.

He said: “Let me take this opportunity to stress the importance of the honourable ministers and heads of extra-ministerial departments being prepared to respond promptly to requests for them to come and defend their sectoral allocation in the exercise of our legislative oversight.

“We have observed concerning the behaviour from some ministers and heads of extra-ministerial departments, who sometimes neglect their duty to promptly submit to legislative oversight, sometimes even disregarding invitations from relevant committees of the legislature.

“It is imperative they understand that we will not condone such breaches of the constitution going forward.”

Akpabio noted that under the President Bola Tinubu administration, Nigerians has “witnessed remarkable strides in economic reforms, aimed at enhancing our nation’s stability and growth”.

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According to him, “The courageous decision to remove fuel subsidies, though challenging, showcases your (Tinubu’s) unwavering commitment to redirecting resources to critical sectors such as education and healthcare.

“Your collaboration with the Central Bank has cultivated an environment ripe for investment, and your focus on infrastructure development reflects a visionary commitment to improving the connectivity that fuels our economy.

“Furthermore, your initiatives to strengthen our security framework stand as a testament to your resolve in tackling the pressing challenges of our time.“

The chairman of the National Assembly commended Tinubu’s efforts in the era of security.

“We commend your tireless efforts, along with those of our brave men and women in uniform, for liberating our lands from the grip of terror.

“Today, no community is under the threat of terrorism, a monumental achievement we celebrate together.

“The reduction in kidnapping incidents and the neutralization of over 11,000 terrorists and insurgents is a testament to patriotism, strength and determination,” Akpabio said.

The Senate President said Tinubu’s dedication to fostering international relations paves the way for fruitful partnerships that will propel the nation forward.

He said: “We are witnessing a resurgence in foreign direct investment, made possible by your visionary directives that ease the visa processes for Nigerians travelling to other countries, and at the same time welcome investors and tourists alike to our country.

“Your innovative approaches in our embassies and the Ministry of Foreign Affairs have opened new doors for Nigeria and its people. For this we thank you.”

He said the introduction of social welfare programmes embodies the president’s unwavering belief in uplifting the living standards of our citizens.

“You remind us that our nation is not merely constructed of bricks and mortar, but of the resilience and determination of its people.

“Nigerians are taking notice of your remarkable achievements. You have doubled aggregate government revenues to over NGN 18.32 trillion, reduced debt servicing expenditures from 97% to 68%, fulfilled $7.5 billion in foreign exchange obligations, increased oil production to 1.8 million barrels per day, and launched the Compressed Natural Gas initiative.

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“Your administration has processed over N45.6 billion for student payments, signed the National Minimum Wage Law, and raised the national minimum wage to N70,000 a month, all while providing over N570 billion in financial support to the 36 states,” Akpabio said.

He commended the groundbreaking tax reform initiative including the four tax reform bills, namely the Joint Revenue Board of Nigeria (Establishment) Bill, 2024; Nigeria Revenue Service (Establishment) Bill, 2024; Nigeria Tax Administration Bill, 2024; and the Nigeria Tax Bill, 2024.

He said the tax reform bills represented a monumental shift in the country’s fiscal landscape and that its critics haven’t read the proposed legislations.

The Senate President said: “It is disheartening that those who have not taken the time to understand these bills are the loudest critics.

“I urge all Nigerians, especially those in public office, to engage with these vital reforms thoughtfully.

“This initiative marks the first comprehensive tax reform since Nigeria’s independence, presenting a transformative opportunity for rejuvenating small and medium enterprises and enhancing the livelihoods of ordinary Nigerians.

“These reforms will not only improve Nigeria’s revenue profile but also create a more conducive and internationally competitive business environment, transforming our tax system to support sustainable development.”

Akpabio said the infrastructure renaissance has paved the way for many roads, including the coastal road and crucial arteries in the Abuja capital city and other parts of the country.

“These developments are not merely about concrete and asphalt; they represent the lifeblood of our economy, connecting our people and fostering growth,” he added.

He urged Nigerians to bear with the president whose economic reforms had imposed hardship on Nigerians but noted that: “We are light-years away from where we began, though some rivers remain to be crossed.

“The pains we feel are not merely the pains of hardship; they are the pains of childbirth. When that season arrives in Nigeria, when this administration births that season, we will rejoice for the struggles endured.

“For now, I ask for your patience and urge all Nigerians to cooperate with the president and maintain faith in his vision.

“Mr. President, while you cannot be everywhere, you have eyes everywhere. We, the distinguished senators and honourable members of the House of Representatives, are your eyes in our constituencies and every corner of Nigeria.

“When our constituents struggle to afford rice, they come to us. When their shoes pinch, they seek our assistance. When the economic alarm sounds, they turn to us.

“Therefore, we are committed to ensuring that you touch the hearts and pulse of Nigerians through these appropriation bills resonating with the sounds of hope and signalling the dawn of Nigeria’s economic rebirth,” he added.

Akpabio ended his speech by leading the members of the National Assembly to sing for the president as they all chorused, “On your mandate we shall stand” to the admiration of the legislatures and the guests.

 

BREAKING: National Assembly extends lifespan of 2024 budget

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