Crime
EFCC, ICPC competent to investigate state accounts – Falana
“My respected colleague and comrade in the human rights community, Olisa Agbakoba SAN has questioned the legal competence of the anti-graft agencies to investigate the finances of state governments. He feels so convinced about his position that he has announced his intention to approach the federal high court to secure a perpetual injunction restraining the EFCC from probing the accounts of state governments.
“The controversy is completely needless in view of the fact that the appellate courts have held that the anti-graft agencies are competent to arrest, investigate and prosecute public officers and private individuals involved in the criminal diversion of public fund belonging to state governments. Some of the cases include the following: Kalu v. Federal Republic of Nigeria (2014) 1 NWLR (PT 1389) 479.
“The locus standi of the EFCC to prosecute the Appellants was questioned by the Appellants who raised several objections to the charges on the grounds that the funds allegedly stolen belonged to the Abia State government.
“The Appellants contended that they should not have been charged in the name of the Federal Republic of Nigeria.
The Court of Appeal entertained no difficulty in dismissing the objections. In the leading judgment of the Court Eko JCA (as he then was) said, “The Appellants have incorrectly in my view, argued that the money laundering offences alleged against them are offences against Abia State Government that owns the funds allegedly “stolen and laundered in the account of Slok Nigeria Limited.
“This argument is rooted in another fallacious ground that the funds allegedly stolen and paid into the account of Slok Nigeria Limited were from the Security Vote of Abia State that were managed by the 2nd Respondent, as the Governor of Abia State, and that the said Security Votes are ’unaccountable and unretiredable’.
“The argument does not say, and it cannot be further stretched to mean, that because the funds from Security Votes are ‘unaccountable and unretireable’ they are stealable or and can be pilfered with impunity.”
“Kalu V Federal Republic Of Nigeria & Ors [2016] NGSC 34 Completely dissatisfied with the decision of the Court of Appeal the appellants appealed to the Supreme Court. In dismissing the appeal their lordships said:
“The Appellant’s argument that he neither had shares in nor was he the alter ego of Slok Ltd and the illegality of withdrawal of some huge sums of money from the Account of Abia State Government of which he was the Executive Governor from 1999 to 2007; all these are matters for his defence at trial.
“Sections 6 (m) and 46 of the Economic and Financial Crimes Commission (Establishment) Act vest in EFCC the function and duty of investigating and prosecuting persons reasonably suspected to have committed economic and financial crimes. For a person to rush to court to place a clog or shield against criminal investigation and prosecution is a clear interference with the powers given by law and the constitution to EFCC in the conduct of criminal investigation and prosecution.”
“Dariye v Federal Republic of Nigeria (2015) 10 NWLR (PT.1467) 325.
The Appellant challenged the power of the EFCC to prosecute the matter on the ground that the subject matter was not the property of the Plateau State Government. In dismissing the objection the apex court held that, “…as rightly pointed out by the learned senior counsel for the Respondent, the offences are charged under the provisions of the Penal Code which is a Federal legislation. It is a Federal indictment and the Attorney-General of the Federation by himself or through an agent may prosecute for the offences alleged. The owner of the subject matter of the charges is immaterial. What is material is that a Federal enactment has been violated. “
In dismissing the objection that the prosecutor is not the owner of the money stolen the Supreme Court had this to say:“It is not a defence known to law that an accused person cannot be prosecuted by the authority with prosecutorial powers on the ground that the prosecutor is not the owner of the stolen items.
“Criminal offence is an offence against the state. A prosecutor need not have an interest in the subject matter of the complaint before he can prosecute an accused person. He is protecting the state and its citizens and every prosecutor or authority or agency vested with the powers to prosecute should be encouraged to carry out their duties, provided that the due process is maintained and followed.”
“Attorney-General of Ondo State v. Attorney-General of the Federation (2002) 27 WRN 1 at 186:
“The plaintiff challenged the constitutional validity of the ICPC Act 2000 and contended that it was not applicable to Ondo State. In upholding the validity of the Ac the apex court held inter alia:
“It has been pointed out that the provisions of the Act impinge on the cardinal principle of federalism, namely, the requirement of equality and autonomy of the State Government and non-inter-reference with the functions of State Government.
“This is true, but as seen above, both the Federal and State Government share the power to legislate in order to abolish corruption and abuse of office. If this is a breach of the principle of Federalism, then, I am afraid, it is the Constitution that makes the provisions that have facilitated the breach of the principle.
“As far as the aberration is supported by the provision of the Constitution, I think it cannot rightly be argued that an illegality has occurred by the failure of the Constitution to adhere to the cardinal principles which are at best ideals to follow or guidance for an ideal situation.
“Shema & 3 Ors v Federal Republic of Nigeria (2018) 1 SC (PT 1) 1.
The issue in dispute was the competence of EFCC to prosecute a former governor of a state and other officials without the fiat of the State Attorney-General. It was the view of the Supreme Court that, “The law evinces a clear intention that, with or without express delegation from the Attorney General of Katsina State, the EFCC could validly prefer the present charges and prosecute the appellants in the name of the Federal Republic of Nigeria as a common Agency of both the Attorney General of the Federation and Attorney General of Katsina State.
“We agree with the respondent that a community reading of provisions of Sections 15 (5) and 211 (1) (b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended); Section 6 (m), 7 (f), 13 (2) (a) and (d) and 46 of the EFCC (Establishment) Act, 2004 and Section 185 (a) of the Criminal Procedure Code (CPC), Cap 37, Law of Katsina State, 1991 gives the EFCC power to do what it sought to do by attempting to prosecute the appellants.
“In view of the current state of the law it is indubitably clear the EFCC and ICPC are competent to probe the accounts of state governments and prosecute former or serving state government officials involved in corrupt practices, money laundering or criminal diversion of public fund.
“Even though state governors cannot be arrested and prosecuted since section 305 of the Constitution has conferred immunity on them during their term of office the anti-graft agencies are not precluded form investigating allegations of economic and financial crimes commission including corruption leveled against them.”
According to a statement on Friday, the arrested officers are: “AP/No. 207454, ASP Elomore Sodayo; AP/No. 332012, Inspector Adefila Adewale; AP/No. 332449, Inspector Olorunfemi Opeyemi; and AP/No. 332369, Inspector Odusola Peter.”
Speaking at the command headquarters in Akure on Friday, the state Commissioner of Police, Felix Ohagwu, said the police had zero tolerance for indiscipline and unprofessional conduct.
He added that a comprehensive investigation had been ordered to establish the circumstances surrounding the incident and determine the level of culpability of each officer involved.
He added that officers were expected to conduct themselves with the utmost professionalism, respect human dignity and comply strictly with the Force’s Code of Conduct and Standard Operating Procedures.
“The Nigeria Police Force is a disciplined and professional institution that does not condone any form of misconduct, incivility, or actions capable of undermining public confidence, promoting ethnic division, or bringing the Force into disrepute,” the commissioner said.
He assured the public that the investigation would be conducted to determine the facts of the case, adding that any officer found culpable would face appropriate disciplinary action.
This was said to be part of renewed efforts to tackle insecurity.
Disu gave the directive on Friday during a stakeholders’ meeting at the Government House in Makurdi, the Benue State capital.
According to the IG, the order followed President Bola Tinubu’s directive that the persistent insecurity in Benue State must be brought to an end.
He stressed that only authorised security personnel were legally permitted to bear firearms, warning that the era of passive policing was over.
“You cannot move around freely carrying arms as if there is no law and order in this country. It will not be tolerated,” he said.
Disu disclosed that police officers had been empowered under Force Order 237 to respond decisively to armed threats without waiting for directives from superior officers.
“We are tired of losing our men. We are tired of police officers, soldiers, and other members of the security agencies dying anyhow.
“They have been instructed to shoot at sight. They have been trained to do what is necessary. But we will not succeed without the cooperation of all of you.”
He called on residents to support security agencies with credible information, stressing that public cooperation remains critical to the fight against armed criminality.
Benue State has witnessed repeated attacks by armed groups in recent months, resulting in the loss of lives, displacement of residents and destruction of property.
The federal government has continued to deploy additional security personnel and adopt tougher measures aimed at restoring peace in the state.
By Okey Maduforo, Awka
Fresh fears have gripped residents of Ifite Awka following an alleged plot by suspected gunmen to establish camps in the area where four Fulani herders were killed two days ago.
Security reports indicate that the attack may have been aimed at scaring away visitors to the bush in an attempt to facilitate the establishment of new camps in the area.
Residents recalled that similar tactics had allegedly been used by criminal elements to take over communities, often with the assistance of local collaborators.
The area shares boundaries with Awka North Local Government Area, where there have been reports of gunmen operating in some communities.
Following the development, youths from Ifite Awka have stormed the Ifite Agu area in a manhunt for the suspected gunmen.
The development comes as Anambra State Governor, Prof. Chukwuma Charles Soludo, has issued a fresh directive to traditional rulers and President-Generals (PGs) of communities to take charge of the security architecture in their respective areas in conjunction with local security operatives and the mayors of the 21 local government areas.
It was gathered that as early as 5 a.m., some youths in the area had moved into the bushes in search of the suspected gunmen and cattle reportedly missing following the incident.
The youths were accompanied by local hunters who assisted in the search.
Speaking with reporters, the Chief Press Secretary to the governor, Mr Christian Aburime, confirmed the fresh directive to traditional rulers and President-Generals of communities across the state.
He said, “We have a government that is people-oriented and that is the government of Prof. Charles Soludo, who is a man that loves the people, is at home with the ordinary people and feels their pains.”
Aburime described the incident as unfortunate and urged the police and other relevant security agencies to take immediate action.
He noted that traditional rulers and President-Generals are the first points of contact when it comes to the security of lives and property in their communities, adding that the governor had reiterated his charge to security stakeholders to take control of security in their respective areas.
He, however, said the possibility of sabotage could not be ruled out, but added that it would be premature to draw conclusions before the completion of investigations by the relevant security agencies.
“The issue of sabotage against security in Anambra State cannot be ruled out, and that could just be an attempt to undermine the efforts of the government. But I cannot categorically tell you that it is an act of sabotage. We have to wait for the investigations of the security agencies before drawing conclusions,” he said.
He added that the Agunechemba Security Squad was working to improve security in the state, noting that residents had commended the governor for the improved security situation.
“We have a good security architecture in place, and I can tell you that this could just be an isolated incident. Everything necessary that needs to be done will be done in that regard,” Aburime said.
He stressed that security was the responsibility of everyone, regardless of social status or position.
“It is very simple, and the governor has always said that security is everybody’s business. When it happens, it affects everyone, irrespective of class or position,” he said.
According to him, “The President-Generals and traditional rulers are the first points of security in their communities and should be able to ensure that there is no security breach in their respective localities.”
He urged residents to provide useful intelligence to security agencies, assuring them that their identities would be protected.
“If you see something, say something. These people doing these things are human beings, and they live in the localities. People should be able to know them. They should avail us of intelligence reports, and that will help us fish them out. Your identity will always be protected,” he said.
The Commissioner of Police in the Federal Capital Territory (FCT), CP Ahmed Sanusi, has urged residents, particularly youths, to resist attempts by police officers to search their mobile phones during stop-and-search operations.
Sanusi said such searches violate a directive issued by the Inspector-General of Police, stressing that officers are not permitted to randomly search the phones of members of the public.
The commissioner made the remarks during a press conference shared by News Central Television on Tuesday.
He explained that although mobile phones could be used as evidence in criminal investigations, they should only be examined after a suspect has been lawfully arrested and taken to a police station.
According to him, officers are not authorised to stop people on the road and demand access to their phones merely on suspicion that they may be involved in internet fraud or other criminal activities.
Sanusi urged residents confronted by officers demanding to search their phones to seek assistance by contacting the police emergency line or nearby police officers.
He reaffirmed the FCT Police Command’s commitment to enforcing the Inspector-General’s directive, warning that officers found violating the order would face disciplinary action.
He said the command would continue to take action against officers who abuse their authority or engage in extortion under the guise of conducting stop-and-search operations.
The Cross River State Police Command has arrested a 39-year-old man, Udeme Emmanuel Ekpeme, for allegedly impersonating a medical doctor and defrauding a woman of ₦500,000 under the guise of securing employment for her children at the University of Calabar Teaching Hospital (UCTH).
The command’s spokesperson, ASP Sunday Eitokpah, disclosed this in a statement issued to journalists on Tuesday in Calabar.
According to the statement, Ekpeme was arrested by officers attached to the Uwanse Division in Calabar South Local Government Area following a petition by a 45-year-old woman, Mrs Edemawan Samuel.
The complainant alleged that the suspect falsely presented himself as a medical doctor and collected ₦500,000 from her after promising to facilitate employment for her children at UCTH.
Police said preliminary investigations indicated that the suspect allegedly used the false representation to deceive the woman into handing over the money.
Relevant exhibits believed to be connected to the alleged offences were also recovered during the investigation, while the suspect remains in police custody.
The police spokesperson said the suspect is being investigated for alleged impersonation, obtaining money by false pretence and unlawful use of medical equipment.
The Commissioner of Police, Rashid Afegbua, has directed detectives to conduct a thorough investigation to determine the full extent of the suspect’s activities and identify any other possible victims or accomplices.
The command said the suspect would be charged to court upon completion of investigations if sufficient evidence is established.
The police assured members of the public that further updates would be provided as the investigation progresses.
The arrest comes weeks after the Edo State Police Command announced the arrest of a 46-year-old man, Osaze Okungbowa, who was accused of impersonating a medical doctor and allegedly delivering babies and trafficking newborns.
The Edo suspect was arrested following a complaint by a woman, Princess Oke, who reported that the baby she delivered under his care had gone missing, leading to a police investigation.
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