The Federal High Court, Abuja has fixed February 22, 2024, for hearing in the suit challenging the appointment of Mr Ola Olukoyede, as the Chairman of the Economic and Financial Crimes Commission (EFCC).
Justice Obiora Egwuatu stated this on Wednesday after the parties agreed that the date was convenient for all.
When the matter was called, the plaintiff, Mr Victor Opatola, a lawyer who chose to represent himself, told the court that he had received the preliminary objections to the suit from the Federal Government and the Attorney-General of the Federation.
Opatola, however, said that he had yet to receive any process from the National Assembly (NASS) and the EFCC chairman.
The counsel representing NASS, Mr Israel Obaniyi told the court that the legal department of the Assembly passed the information to his team only on Tuesday.
He said he would peruse the brief and file his response before the next adjourned date.
The EFCC lawyer, Mr R.O Adakole also told the court that he would also put his house in order before the next adjourned date.
The judge subsequently adjourned the matter until February 22, 2024.
Opatola, an Abuja-based lawyer had dragged the federal government, NASS and Attorney-General to court over alleged illegal appointment of Olukoyede, as the Chairman of EFCC.
The lawyer in the suit was challenging the validity of the appointment of the EFCC chairman.
The lawyer asked the court to determine whether by the true construction and interpretation of Section 2 (1) (a) of the EFCC Act 2004, Olukoyede, who had not fulfilled the conditions of the Act, could be validly appointed as the EFCC chairman.
He also asked the court to determine whether by the true construction and interpretation of Section 2(1)(a) of the EFCC Act 2004, the person appointed to the office of the chairman of the EFCC could be said to be above the rank of assistant commissioner of police or its equivalent.
“Whether by the true construction and interpretation of Section 2(1) (a) (iii) of the EFCC Act 2004, the interpretation of subsection (iii) should be read disjunctively of subsection (ii) of the act in a manner that Olukoyede, who was appointed to the office of the chairman of EFCC can be said to have 15 Years of cognate experience in any field outside the government security or law enforcement agency.
“Whether by the true construction and interpretation of Section 2(1) (a) (ii) (iii) of the EFCC Act 2004, the national assembly can validly confirm the appointment of Olukoyede who has not fulfilled the provisions of the law.”
Opatola also prayed the court to make further declarations upon the determination of the above questions.
“A declaration that pursuant to Section 2(1)(a) (ii)(iii) of the EFCC Act, the appointment of Olukoyede to the office of the EFCC chairman is illegal and void.
“A declaration that pursuant to Section 2(1)(a) (ii)(iii) of the EFCC Act, any confirmation of the 4th defendant’s appointment made by the national assembly is void and of no legal consequence.”
The counsel also asked the court for an order of perpetual injunction restraining the national assembly from confirming the appointment of the EFCC chairman.
He further prayed to the court for an order of perpetual injunction restraining Olukoyede from holding office as chairman of EFCC.
Category: News
-
Court Adjourns Suit Challenging Olukoyede As EFCC Chairman To 2024
-
Court Grants Emefiele N300m Bail
Former Central Bank Governor, Mr. Godwin Emefiele, who is facing charges of financial impropriety and corruption, has been granted bail by Justice Hamza Muazu of the Federal Capital Territory High Court Abuja.
This recent bail, set at N300 million with two sureties in like sum, requires the sureties to possess certificates of occupancy within Abuja’s upscale Maitama District.
Moreover, Emefiele must surrender his travel documents to the court registrar and remain within the Abuja Municipal Council as part of the bail conditions.
This development follows a previous bail grant of N20 million by the Federal High Court in Lagos four months ago.
The charges against Emefiele are linked to alleged irregularities and misconduct during his tenure as the Governor of the Central Bank of Nigeria (CBN).
More details later…
-
Controversial Information: Procurement Agency Apologizes To Sanwo-Olu, Deputy
The Lagos State Public Procurement Agency has formally apologized to Governor Babajide Sanwo-Olu and Deputy Governor Obafemi Hamzat in light of the controversy caused by information published on its website.
Recently, the agency released details regarding government expenditures during the current administration, sparking considerable discussions on various social media platforms.
In a statement attributed to the director-general, Fatai Onafowote, the agency reiterated its unwavering commitment to upholding transparency, accuracy, and accountability in all governmental transactions.
Onafowote underscored the agency’s strict adherence to the provisions laid out in the Lagos State Public Procurement Law.
Acknowledging the confusion that arose from the information on the website, Onafowote clarified that the lack of descriptive clarity in certain details led to misunderstandings and unintended reactions.
“We deeply regret any confusion stemming from the insufficient descriptive information in our project disclosures, impacting both governmental bodies and our corporate partners,” the statement mentioned.
Expressing empathy for public concerns, the agency extended heartfelt apologies for any distress caused.
They emphasized that their intent was never to sow doubt or create misunderstandings that could harm the reputation of esteemed individuals or organizations involved in these transactions.
-
Army Debunks CDS Christopher Musa’s Death Rumours
The Defence Headquarters (DHQ) has vehemently denied a report claiming the demise of Chief of Defence Staff (CDS) General Christopher Musa.
In a statement released on Tuesday, DHQ clarified that General Musa is alive, in good health, and recently returned from an official assignment overseas.
Brigadier General Tukur Gusau, Director of Defence Information, emphasized that the report alleging the death of the CDS is entirely unfounded and lacks credibility.
He further highlighted that the platform responsible for the initial publication has retracted the story and extended apologies to General Musa, his family, and the Nigerian Armed Forces.
“The attention of the Defence Headquarters has been drawn to an unfortunate publication by an online newspaper alleging that the Chief of Defence Staff (CDS), General Christopher Musa passed away yesterday,” the statement read.
“The report is unfortunate, unethical and lacks credibility.”
The DHQ reaffirmed General Musa’s well-being, stating, “To put the records straight, the CDS, General CG Musa is alive and hearty. The Chief of Defence Staff who just returned from an official assignment outside the country has resumed work with more vigour to continue with his uncommon leadership style to prosper the Armed Forces of Nigeria.”
-
Counter-Terrorism: Nigeria To Deepen Collaboration With UNODC
The Honourable Minister of Defence, Mohammed Badaru Abubakar CON, mni has commended the United Nations Office on Drugs and Crime on their Counter- Terrorism Project work with Nigerian Armed Forces.
The Minister made the commendation when he received the Representative of the United Nations Office for Drugs and Crime (UNODC), Mr. Oliver Stolpe, in his office at Ship House, Abuja.
Badaru stated that Nigeria welcomes any effort that would help in the fight against terrorism in Nigeria.
“Thank you for doing a good job in Maiduguri. We will give you maximum cooperation needed to sustain the fight against Boko Haram and other forms of criminalities in Nigeria.
On the rehabilitation of the repentant Boko Haram members, the Minister said in addition to what they have done, there was the need for Tracking Mechanism to ensure that the released Boko Haram members are fully integrated back to the society.
Badaru expressed gratitude for UNODC’s continuous support in enhancing Nigeria’s capabilities to combat terrorism.
In his remark, Mr. Stolpe pointed out that the UNODC is collaborating with Nigerian Armed Forces in area of counter- terrorism and Maritime security.
He said UNODC in partnership with Joint Investigation Centre (JIC) in Maiduguri, Borno State has successfully reviewed over 2,900 case files leading to 2,400 prisoners released.
-
Abba Moro Emerges Senate Minority Leader
Former Minister of Interior and Senator, Abba Moro, has been named as the new Senate Minority Leader.
The four-time senator was announced as leader by Senate President Godswill Akpabio during Tuesday’s plenary session.
The decision to appoint Moro, a four-time Senator, as the Senate Minority Leader was reached after consensus among lawmakers of the Peoples Democratic Party (PDP).
Their agreement was rooted in the principle of fairness and equity, leading to the zoning of the position to the North-Central region.
Hailing from Benue State in the North Central zone, Moro’s emergence represents a strategic move by the PDP to uphold regional balance and inclusivity within the Senate leadership.
-
Lottery Regulation Feud: Supreme Court Hears Lagos, Ekiti Suit Against FG, March
Fifteen years later, the Supreme Court on Monday, fixed March 13, 2024 to hear a suit filed in 2008, by the Attorney General of Lagos State against the Federal Government, in respect of who controls and regulates the gaming and lottery sector.
Ekiti state was joined as co-Plaintiff in the suit following an order of the court made on October 6, 2020.
The Attorney General of the Federation is the 1st Defendant while the National Assembly is 2nd Defendant.
The Attorneys General of 34 other States, were joined as defendants by the Supreme Court on November 15, 2022.
A 7-man panel of the Supreme Court led by Justice Kudirat Kekere-Ekun, fixed the date at a resumed sitting on Monday.
Bode Olanipekun SAN, announced appearance for Lagos State Government while Adetunji Osho appeared for Ekiti state.
The Federal Government (1st Defendant) was represented by Innocent Daa’gba, while Ifeanyi Mrialike represented the National Assembly.
The Attorneys General of the 33 States were duly represented and announced appearances.
However, there was no legal representation for Kwara state despite being served with hearing notice.
The Supreme Court ordered Jigawa and Kaduna State Governments to put their houses in order by resolving the issue of legal representation before the next hearing date.
Meanwhile, the apex court panel unanimously deemed all the processes filed out of time by the defendants as duly and properly filed, having been regularized.
The application by the Attorney General of Oyo state to join as co- Plaintiff having been withdrawn, was struck out by panel.
Justice Kekere-Ekun advised that all the State Governments that are on one side in accordance with their respective interests should present a common argument in order to save the time of the court on the hearing date.
Speaking to judiciary correspondents at the Supreme Court, Innocent Daagba, said he had filed processes and submissions of the Federal Government since 2020, adding that the processes have been regularized by the court, which clears the coast for hearing of the matter.
Recall that on 15 August 2022, the Federal Government (the Nigerian Lottery Regulation commission and the Nigerian Lottery Trust fund) won against Lagos and other States, on the issue of multiple regulation in the gaming sector.
The Bookmakers association of Nigeria had initiated the lawsuit to determine the legitimate regulators of gaming businesses because they complained about paying multiple taxes and licensing fees to States and the Federal Government.
In the Suit NO: FHC/L/CS/15992020, filed before Hon. Justice I.N Oweibo of the Lagos High Court, the Judge declared that the Federal Government should be the sole regulator of gaming business in the country as the constitution is clear on the position of lottery in the exclusive list and the National Assembly can legislate on lottery matters.
Despite the judgement, there is still not an end to the back and forth bickering between the bookmakers and State Governments on multiple taxation and regulation.
On July 19, 2023, Justice Iniekenimi Oweibo of the Federal High Court (FHC) in Lagos State ruled that the Federal Government, through the National Assembly, had the exclusive right to legislate and control lottery activities in the country.
Few months after the FHC judgement, a Lagos State High Court delivered another judgement holding that matters pertaining to lottery and one-chance betting were subjects under the residual list in the constitution. By this, the judge held that Lagos State had the right to regulate the sector.
However, by a further amended originating summons marked SC/1/2008, the Plaintiffs want the apex court to declare “that lottery is not one of the 68 items in respect of which the National Assembly has the Exclusive vires to make laws under Part 1 of the Second Schedule of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
They are seeking a declaration that having regard to the clear provisions of Section 4(2) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the National Assembly lacks the vires to legally and constitutionally make any Law to regulate and control the operation of lottery in Nigeria.
“A declaration that having regard to the clear provision of Section 4(4)(a), (b) and Part ll of the Second Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended), matters relating to lottery do not fall within items which the National Assembly and State Houses of Assembly are concurrently empowered to make Laws with regard thereto.
“A declaration that having regard to the clear provisions of Section 4(7)(a) and (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Lagos State Government, vide the Lagos State House of Assembly has the power to the exclusion of the National Assembly, to make Laws to regulate and control the operation of lottery within Lagos State.
More so, the Plaintiffs are praying for, “A declaration that having regard to the clear provisions of Sections 4(4)(b), (7)(a) and 299(a) of the Constitution as amended, the power of the National Assembly to make Laws to regulate and control the operation of lottery is limited by the 1999 Constitution to only the Federal Capital Territory.
“A declaration that Sections 17, 18, 19, 20 and 21 of the National Lottery Act CAP N145, Laws of the Federation of Nigeria, made by the National Assembly are inconsistent with the provisions of the 1999 Constitution.
Further more, they want “A declaration that the National Lottery Act CAP N145, Laws of the Federation of Nigeria is inconsistent with the provisions of the 1999 Constitution.
In addition, the Plaintiffs want “An order nullifying Sections 17, 18, 19, 20 and 21 of the National Lottery Act CAP N145, Laws of the Federation of Nigeria as well as an order nullifying the entirety of the National Lottery Act CAP N145, Laws of the Federation of Nigeria.
Also, they are praying for “An order of perpetual injunction restraining the 1st Defendant either by himself, agents’ privies, agencies of the Federal Government of Nigeria or Federation of Nigeria through anybody acting on their behalf from implementing the provisions of Sections 17, 18, 19, 20 and 21 of the National Lottery Act CAP N145, Laws of the Federation of Nigeria, within the territory, of Lagos State.
“An order of perpetual injunction restraining the 1st Defendant either by himself, agents, privies, agencies of the Federal Government of Nigeria or Federation of Nigema, or through anybody acting on their behalf from taking any step or action aimed at enforcing or continuing to enforce any/or all of the provisions of the National Lottery Act CAP N145, Laws of the Federation of Nigeria, within the territory of Lagos State.
“An order for the 1st Defendant to give account of all revenues earned by the Federation of Nigeria, with respect to implementation of the National Lottery Act CAP N145, Laws of the Federation of Nigeria, within Lagos State and pay same over to the Plaintiff.
-
NDLEA Nabs Notorious Drug Kingpin, Accomplices In Abuja
The National Drug Law Enforcement Agency (NDLEA) has captured Ibrahim Momoh, popularly known as Ibrahim Bendel, a major distributor of illegal substances in the Federal Capital Territory (FCT), Abuja.
According to NDLEA spokesperson Femi Babafemi on Monday, the arrest took place during a raid on Momoh’s hideout at Filin Dabo, Dei-Dei area, seven years after his escape from prison custody.
Momoh, previously convicted for drug dealing, absconded while serving a seven-and-a-half-year sentence in 2016.
“Acting on credible intelligence, NDLEA operatives raided Momoh’s warehouse, recovering 1,278kg of Cannabis sativa hidden in 81 jumbo bags,” Babafemi stated.
The drug lord’s warehouse was discreetly situated within his poultry farm, with his manager, Richard Forson Gordon, a 55-year-old Ghanaian, apprehended during the operation and subsequently sentenced to two years in jail.
Continuing their pursuit, NDLEA operatives finally captured Momoh on November 5, 2022, in another raid at his hideout in Filin Dabo, seizing 56.9kg of Cannabis sativa and 42.7 grams of Diazepam.
Additionally, during a separate operation in the FCT, a 27-year-old suspect named Yusufa Ibrahim was arrested with 75.3kg of cannabis.
The NDLEA said it remains resolute in its efforts to curb illicit drug activities within the FCT, ensuring the law is upheld and perpetrators face justice.
-
FG Has Undertaken Comprehensive Efforts To Curb Terrorism -Defence Minister
The Minister of Defence, Muhammad Badaru Abubakar, CON, mni has said that the Federal Government under the leadership of President Bola Ahmed Tinubu GCFR, has undertaken Comprehensive efforts to curb the menace of terrorism and other forms of criminalities and restore normalcy to all parts of the country, especially in the North East geopolitical zone.
He disclosed this during the book launch by the Nigerian Air Force, titled: “Terrorism and Counter-Terrorism in North East Nigeria: Emerging Perspectives and the Imperative of Airpower” recently in Abuja.
The Minister stated that the Ministry of Defence as the vanguard of the national security has played a pivotal role in coordinating the Armed Forces and executing strategies to counter terrorism effectively. He added that there was the need for a multi-faceted approach of combining Military precision with socio- economic initiatives to address the root causes of radicalization.
Speaking on the title of the Book launched, Badaru said that in a bid to pursue a whole society approach to the issue of terrorism, the book was developed by leveraging strong partnership between Nigerian Air Force and the academia.
He commended the book launchers saying that it would serve a valuable resource for policymakers, Military Strategists and scholars in understanding the evolving dynamics of terrorism in Nigeria and to explore the imperative of airpower in the nation’s counter- terrorism efforts.
The Minister said that the scourge of terrorism was not confined within national borders alone, but that it was a global challenge.
“The Sahel region with its vast and diverse terrain, has become a hotspot for terrorist activities, posing a significant threat to regional stability. In this context, the collaboration of intergovernmental organizations including the African Union, Economic Community of West African States, the Lake Chad Basin Commission and others become imperative to address the root causes and manifestations of terrorism in the Sahel,” he said.
The Special Guest of Honour, President Bola Ahmed Tinubu GCFR represented by the President of the Senate, Senator Godswill Akpabio in his address said that the book launch was not just an academic exercise but a call to action that would serve as a reminder that we have a shared responsibility to fight against terrorism and protect the lives and liberties of our fellow citizens.
The Governor of Bornu State, Professor Babagana Umara Zulum who was in attendance appreciated the Armed Forces for exhibiting professionalism, synergy and commitments to ending insurgency.
The host, the Chief of Air Staff, Air Marshal Hassan Bala Abubakar noted that the book was developed in collaboration between the Nigerian Air Force and Babcock University to serve as a guiding light for policy makers, military strategists and practitioners in formulating holistic solutions that go beyond the realm of military operations.
-
Kano APC Goes Spiritual, Declares Fast As Yusuf Heads To Supreme Court
Following the government-led demolition of illegal structures in Kano State, the All Progressives Congress (APC) has appealed to its members and affected traders to observe a day of fasting and prayer.
In an audio message, the party’s chairman, Abdullahi Abbas, called for prayers in appreciation of the recent Court of Appeal victory.
Simultaneously, Governor Abba Kabir Yusuf of the New Nigeria People’s Party (NNPP) has declared intentions to challenge the appellate court’s ruling at the Supreme Court.
In a statement issued by his Chief Press Secretary, Sanusi Bature Dawakin Tofa, the governor expressed confidence in the Supreme Court’s ability to rectify what he termed as “miscarriages of justice” by both the tribunal and the Court of Appeal.
Governor Yusuf said he remains resolute in his pursuit of legal action, expressing optimism that the Supreme Court will uphold the mandate bestowed upon him by the people of Kano State.