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EFCC lacks constitutional powers to probe Zamfara accounts, says court
A federal high court sitting in Gusau, Zamfara, says the Economic and Financial Crimes Commission (EFCC) does not have the powers to invite serving and past officials of the state government for the purpose of explaining how the state’s funds are utilised.
Delivering his ruling on a suit instituted by Zamfara government and the attorney-general of the state against the EFCC and the attorney-general of the federation, Aminu Bappa Aliyu, the presiding judge, held that the power to audit the public accounts of Zamfara state is not vested in the first defendant (EFCC) or any other authority, person, body or organisation other than in the auditor-general of the state.
The court also set aside EFCC’s letter of invitation dated September 28, 2021, or any other date to the past and serving officials of Zamfara state government, noting that such letter “being ultra vires the powers of the 1st defendant”, was null and void and of no effect whatsoever.
These and other orders were made after the court had listened to submissions of Abdulfathu Shehu, the plaintiffs’ counsel; and Adebisi Adeniyi and P. A. Attah, counsels to the defendants, in the writ of summons suit dated and filed on November 16, 2021 and marked: FHC/GS/CS/30/2021.
Having gone through the processes filed by the parties, Aliyu granted all the prayers of the plaintiffs, stressing that only the Zamfara state house of assembly and the auditor-general of the state are vested with the constitutional authority of seeking explanation or inviting public officials on how the state’s money is being spent, and not the EFCC or the AGF.
The state government had also prayed the court to bar EFCC from inviting, arresting or detaining any government officials as regards the appropriation of public funds in the state as such contradicts the power of the anti-graft body.
The presiding judge granted all the plaintiffs’ prayers, saying: “A declaration is made that, having regard to the provisions of section 120, 121, 122. 123, 124, 128 and 129 of the constitution of the Federal Republic of Nigeria, 1999, as amended, the 1st defendant (EFCC) does not have the powers to invite (by letters, telephone calls or any other means of communication) serving and past officials of the plaintiff for the purpose of explaining how funds meant for security votes, estacodes and travelling allowances were utilised, or are being utilised, when such funds are such that the auditor-general and the Zamfara state house of assembly have the constitutional authority to conduct investigation and exercise powers and control over same.
“A declaration is made that upon a calm and proper interpretation of the provisions of section 125 of the constitution of the Federal Republic of Nigeria, 1999, as amended, the power to receive financial statement and annual accounts of Zamfara state from the accountant-general of Zamfara state is not vested in the 1st defendant or any other authority, person, body or organisation other than in the auditor-general for Zamfara state.
“A declaration is made that upon a proper interpretation of the provisions of section 125 of the constitution of the Federal Republic of Nigeria, 1999, as amended, the power to audit the public accounts of Zamfara state is not vested in the 1st defendant or any other authority, person, body or organisation other than in the auditor-general of Zamfara state.
“A declaration is made that upon a calm and proper interpretation of the provisions of section 125 of the constitution of the Federal Republic of Nigeria, 1999, as amended, the auditor-general or any person authorised by him, cannot be subjected to any direction or control of the 1st and 2nd defendants (EFCC and AGF) or any authority, person, body or organisation.
“An order of injunction is made retraining the 1st defendant by itself, agent, servant, detectives, employees, staff, operatives and privies from inviting, or further inviting, arresting and or detaining past or present officials of the 1st plaintiff (Zamfara state government) with respect to how funds meant for security votes, estacodes and travelling allowances were expended by the 1st plaintiff except through the house of assembly of Zamfara state and in strict compliance with provisions of the constitution of the Federal of Republic of Nigeria, 1999, as amended.
“An order of Injunction is made restraining the 1st defendant whether by itself, its agents, employees, servants, operatives, detectives, privies, investigating officer(s), and other person by whatever name called, from inviting, or further inviting, intimidating, harassing and threatening to arrest or detain, or from arresting or detaining any past or present official of the 1st plaintiff on the basis of the same facts or similar facts as herein stated.”
News
Governor Nwifuru suspends health, housing commissioners
The Ebonyi State Governor, Francis Nwifuru, has suspended the state Commissioner for Health, Dr. Moses Ekuma and his Housing and Urban Development counterpart, Francis Ori.
It was gathered that they were suspended on Monday during the State Executive Council meeting in Abakaliki, the state capital.
A statement issued by the Commissioner for Information and State Orientation, Jude Okpor, which was sighted by our correspondent on Tuesday morning, read, “Following cases of gross misconduct and dereliction of duties by some government officials and matters related thereto, the Chairman of Council directed the indefinite suspension of the Honourable Commissioner for Housing and Urban Development and three months suspension of the Honourable Commissioner for Health respectively.”
It was also learnt that the development may be connected to the alleged theft of pieces of property belonging to the Ministry of Health by its officials and the reported underperformance of the Housing and Urban Development commissioner and his shoddy handling of the Amaeze Housing Scheme in the Ishielu Local Government Area of the state.
Recall that the governor was in the health ministry’s premises on Saturday night and met a scene where six officials were caught allegedly diverting government materials.
He, therefore, ordered their arrest and eventual prosecution.
News
Sanwo-Olu suspends media aide over misrepresentation of facts
Lagos State Governor, Babajide Sanwo-Olu, has suspended his Senior Special Assistant on Print Media, Mr Wale Ajetunmobi.
This was disclosed in a statement issued on Tuesday by the governor’s Special Adviser on Media and Publicity, Gboyega Akosile.
The statement was titled, ‘Governor Sanwo-Olu suspends aide.’
Ajetunmobi’s suspension “comes on the heels of the misrepresentation of facts on his personal X account on a past incident,” according to the statement.
Akosile noted that the Sanwo-Olu-led administration “frowns at any form of extra-judicial punishment and will not be a part of any such action. That is not who we are. That is not our way.”
A check by PUNCH Online on Ajetunmobi’s X account, #Riddwane, on Tuesday showed that his timeline was devoid of any such tweet as it had been deleted.
Premium Times, on Sunday, November 24, 2024, reported a tweet by Ajetunmobi, tweeting as #Riddwane, in which he revealed that arsonists who burnt down the Television Continental station in Lagos during the heat of the 2020 #EndSARS protest, had been “hunted down and executed.”
The suspended aide also stated that one of the “executed” arsonists was a young boy (name undisclosed) who traded in cooking gas around the Ketu area of the state.
Ajetunmobi alleged that the boy was found with an AK-47 rifle.
The tweet read, “The full story of people who burnt down TVC in 2020 will be told one day, with gory clips and images. One thing to note: majority of them have been hunted down and executed.
“One of them, a young boy trading in cooking gas around Ketu, was found with an AK-47 at the site. Even his neighbours were shocked. But the full gist is better saved for later.”
Reacting to the tweet, an X user identified as Hamlad, tweeting as #hamoye4real, asked, “Are you in the know of extra-judicial killings?”
In his response, the suspended aide wrote, “Lol… you want to create a narrative in your head. What is extra-judicial killing here? Some of the people were chased by soldiers and an exchange of fire occurred. Then arsonists were overpowered and killed in the process. Others ran away. Is that an extra-judicial killing to you?”
However, in a tweet by Ajetunmobi early Tuesday at 2:34 am — two days after the report, and quoting the Premium Times report on his X handle, he clarified that while the word “executed” was “erroneously used,” his tweet was his “personal opinion” and didn’t reflect the stance of his employer or his office.
He also stated that “no extra-judicial killing was insinuated.”
The tweet read, “This excerpt was quoted out of context and there were series of comments made under the same post, which better explained what was intended. Like I did further explained in the said tweet, no extra-judicial killing was insinuated. The word ‘executed’ was erroneously used and not intended in the context of that casual conversation.
“What was written in the entire conversation reflected personal opinion and not the position of any authority or the entity in which I work. The post and other comments had been taken down, even before this publication.”
In a report by PUNCH Online on October 30, 2020, it was reported that no fewer than 250 staff of TVC at Ikosi, Ketu, Lagos, were unable to work after arsonists burnt the station.
Transmission gadgets, state-of-the-art studios, production rooms and operational vehicles of TVC, including cars of staff, were set ablaze.
The station’s Chief Executive Officer, Mr Andrew Hanlon, added that over 500 direct employees of the station had been struggling to work in temporary accommodation put up by the company.
Halon stated these when Governor Sanwo-Olu visited the management and staff of the station.
News
Cross-River workers embark on warning strike over non-implementation of minimum wage
Civil servants in Cross River state have commenced a strike over the non-implementation of the new minimum wage.
The Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) had slated November 25 and 26 for the warning strike.
They warned that the industrial action would be followed by a total strike should the government fail to do the needful before December 1.
Bassey Otu, governor of Cross River, appealed to the unions to shelve the plan and “support the government in its quest to improve the lot of our people”.
The governor made the appeal at the 5th edition of the state solemn assembly at U.J. Esuene Stadium in Calabar.
Otu said his administration is committed to the welfare of workers.
“I appeal to the leadership of organised labour and all affiliates of the NLC and TUC to suspend their planned strike,” he had said.
“I enjoin them to support the government in the quest to improve the lot of our people.”
On July 29, 2024, President Bola Tinubu signed the minimum wage bill into law. The legislation increased the country’s minimum wage from N30,000 to N70,000.
On November 11, NLC announced November 30 as the deadline for all state governments to implement the new minimum wage.
The union ordered its members to embark on an indefinite strike in states where the new minimum wage is yet to be implemented.
However, several states have begun implementation of the new wage.
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