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EFCC lacks constitutional powers to probe Zamfara accounts, says court

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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.”

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Lagos state government uncovers 86 under bridge rooms where tenants pay N250k annually

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Tokunbo Wahab, commissioner for environment and water resources, says the state has uncovered apartments under the Dolphin estate bridge where tenants pay N250,000 in annual rent.

Wahab disclosed that 86 rooms partitioned into 10×10 and 12×10, and a container, were discovered by an enforcement team of the Lagos ministry of environment.

In a post alongside videos posted on X on Wednesday, the commissioner said the illegal structures have been destroyed.

“A total number of 86 rooms, partitioned into 10×10 and 12×10, and a container used for different illegal activities, were discovered under the Dolphin Estate bridge,” the commissioner wrote.

“They have all been removed by the enforcement team of Lagos State Ministry of the Environment and Water Resources.”

Commenting on the incident, Kunle Rotimi-Akodu, special adviser on environment to the Lagos governor, said 33 persons have so far been arrested by officials of the Lagos State Environmental Sanitation Corps (LAGESC).

“The bridge has hitherto housed 86 rooms, partitioned into 10×10 and 12×10. Squatters there have been paying an average rent of N250k p.a,” he said.

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Court fines EFCC N10m for unlawfully declaring Christ Embassy pastor wanted

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A federal high court in Yenagoa, Bayelsa state, has fined the Economic and Financial Crimes Commission (EFCC) N10 million for unlawfully declaring Οyinmiebi Biribena, a pastor, and his wife Beatrice, wanted.

Isa Dashen, presiding judge, gave the declaration while ruling on a matter marked FHC/YNG/CS/132/2022 filed on June 10, 2022, by the applicants seeking the enforcement of their fundamental human rights.

The couple had amongst several reliefs, sought a declaration that a publication made by the commission on June 8, 2022 via Guardian Newspaper on page 36, declaring them wanted without a valid court order, constituted a “breach of their fundamental rights to personal liberty, freedom of movement, right to private and family life and dignity of human person as guaranteed by Sections 34(1), 35(1) 37 and 41(1) of the 1999 Constitution of the Federal Republic of Nigeria (As amended), and Articles 4, 5, 6 and 12(1) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation, 2004”.

Biribena is the pastor in charge of Christ Embassy Church in Kumasi, Ghana.

The judge agreed with the applicants and granted all the reliefs sought.

The judge also made an order directing and compelling the EFCC to offer a public apology to Biribena and Beatrice, for the “unlawful and unconstitutional” publication.

He also gave an order “restraining the EFCC from inviting, harassing, arresting and detaining Οyinmiebi and Beatrice Biribena, pending the determination of a suit marked FHC/YNG/CS/125/2022”.

However, instead of the N100 million sought by the applicants, the judge awarded N10 million as exemplary damages against the EFCC and Wilson Umujaren, former spokesperson of the commission.

Although the judgment was delivered on March 22, 2024, the certified true copy was obtained on April 30.

Meanwhile, in a sister case marked FHC/YNG/CS/125/2022 between Bliss Multinational Perfections Limited and Οyinmiebi Biribena vs the Economic and Financial Crimes Commission, Dashen, while ruling on the originating summons filed on June 7, 2022, granted some declarations in favour of the applicants against the EFCC.

The judge declared that “by virtue of the provisions of Sections 49 and 50 of the Nigeria Co-operative Societies Act, 1993, Cap C.35, Laws of the Federation of Nigeria, 2004; and Section 51 of the co-operative Societies Law of Bayelsa State Cap C11, 2006, members of Baraza Multipurpose Co-operative Society cannot report any dispute arising from transactions between themselves and the Co-operative Society, to any security agency or resort to any court of law without first reporting to the Registrar/Director of Bureau of Co-operative Societies, Bayelsa State”.

The judge further declared that the “EFCC cannot interfere in any dispute between members of Baraza Multipurpose Society arising from the registered business objects of the co-operative society”.

He declared that by the provisions of the EFCC Act, 2004, the commission “is not empowered to wade into disputes borne out of civil transactions arising from the registered business objects of the cooperative society and that by the provisions of Economic and Financial Crimes Commission Act, 2004, the EFCC cannot seize properties belonging to the plaintiffs which are clearly not proceeds to crime”.

Dashen gave a declaration that the “seizure and sealing of Bliss Multinational Perfections Limited’s property situated at No. 1 Otiotio road, Yenezue-Gene, Yenagoa, Bayelsa (known as Bliss Emporium) not being proceeds of any crime, by the EFCC is wrong, unlawful and ought to be returned”.

He also declared that the “seizure and sealing of the jointly owned property of Bliss Multinational Perfections Limited and Οyinmiebi Biribena, situated at No. 57, Green Villa Road, Biogbolo, Yenagoa, Bayelsa state, not being proceeds of any crime, by the EFCC is wrongful, unlawful, and ought to be returned”.

He ordered that the applicant’s bank accounts should be unfreezed.

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‘Four days free ride’ — FG inaugurates PH-Aba train service

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The federal government has inaugurated the 62-kilometre (km) Port Harcourt-Aba train service.

FG also declared a 4-day free train ride from May 1-4, to encourage and drive the usage of the train service.

Commercial services are expected to kick off from May 7.

In a statement by the federal ministry of transportation on Tuesday, Saidu Alkali, minister of transportation, said transportation is one of the eight key priorities of President Bola Tinubu’s administration, hence, his focus on the eastern rail corridor project since taking office.

Alkali said the commencement of the train service is part of the intensified drive by FG to facilitate trade, enhance mobility, and accessibility, as well as ensure connectivity between regions.

“With the completion of the rehabilitation of the Port-Harcourt to Aba rail corridor, the Ministry will continue to vigorously drive the contractor Messrs CCECC towards the speedy completion and delivery of the 181 kilometres Aba-Enugu stretch,” Alkali said.

“The fare for the Port-Harcourt to Aba train service has been pegged at #1000 for VIP & #800 for economy class.”

Fidet Okhiria, the managing director of the Nigeria Railway Corporation (NRC), said the locomotives and coaches used for the flag-off are refurbished ones.

Okhiria said the contractor is expected to deliver 50 narrow gauge locomotives and 100 narrow gauge coaches to be deployed along existing train corridors in the country.

On March 2, FG said the train services would commence by the end of March.

However, on March 29, the launch was postponed to April.

The rail line is a section of the Port Harcourt-Maiduguri railroad project initiated by former President Muhammadu Buhari’s administration.

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Bodex F. Hungbo, SPMIIM is a multiple award-winning Nigerian Digital Media Practitioner, Digital Strategist, PR consultant, Brand and Event Expert, Tv Presenter, Tier-A Blogger/Influencer, and a top cobbler in Nigeria.

She has widespread experiences across different professions and skills, which includes experiences in; Marketing, Media, Broadcasting, Brand and Event Management, Administration and Management with prior stints at MTN, NAPIMS-NNPC, GLOBAL FLEET OIL AND GAS, LTV, Silverbird and a host of others

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