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.”
By Our Correspondent
The Inspector-General of Police, Olatunji Disu, has deployed the Deputy Inspector-General of Police in charge of Operations, Shehu Nadada, to Imo State to coordinate the search-and-rescue operation for 20 prospective National Youth Service Corps members and other passengers abducted along the Owerri-Onitsha Road.
The victims were reportedly abducted on Thursday, October 1, 2026, around Umunoha in Imo State.
The Force Public Relations Officer, Force Headquarters, CSP Anietie Iniedu, disclosed this in a statement issued on Friday.
According to the statement, Nadada arrived in the state alongside two Commissioners of Police and immediately conducted an on-the-spot assessment of the incident and the ongoing rescue operation.
He also reviewed the operational strategies, deployment of personnel and available assets, while issuing additional directives aimed at strengthening the coordinated response.
The assessment was conducted alongside the Imo State Commissioner of Police, CP Audu Garba Bosso; the Commissioner of Police in charge of Federal Operations, CP Akpan Anifiok; the Commissioner of Police in charge of the Police Mobile Force; other service commanders and members of the management team of the Imo State Police Command.
Iniedu said the search-and-rescue operation had been intensified, with additional tactical teams and operational assets deployed to identified areas.
He added that the operation was being supported by intelligence-led tracking of the abductors and coordinated efforts with other security agencies.
Nadada assured members of the public that the police remained committed to securing the safe release of the abducted persons.
“The Nigeria Police Force is committed to securing the safe rescue of the 20 abducted persons and will sustain the operation until the mission is successfully concluded,” Iniedu quoted Nadada as saying.
The police boss urged members of the public and the media to remain calm and vigilant, while appealing to anyone with credible information that could assist the operation to contact the police or the nearest security formation.
He assured the public that all information received would be treated with strict confidentiality.
The police said further updates would be provided as the rescue operation progresses.
Five men have been arrested and arraigned before a Chief Magistrate’s Court in Maiduguri, Borno State, after police allegedly found them wearing T-shirts bearing the words “Tinubu Must Go.”
The defendants were identified as Baba Aji Gremami, 44; Mustapha Abba Yemen, 28; Abbacha Mohammed Ali, 32; Adam Umar Gubio, 21; and Abdulhamid Mohammed, 21.
According to a First Information Report issued by the State Criminal Investigation Department, the incident occurred on September 25, 2026, near West End Roundabout in Maiduguri.
Police charged the five men with criminal conspiracy, inciting disturbance, disturbance of public peace and thuggery under Sections 60, 78, 79 and 392 of the Borno State Penal Code.
The defendants pleaded not guilty to the charges when they appeared before Chief Magistrate Court I in Maiduguri.
Their lawyer subsequently applied for bail. The court adjourned the matter until October 6, 2026, to rule on the bail application, while the substantive trial has been scheduled for October 26.
The case has drawn attention because the alleged conduct involved wearing clothing displaying a political message.
Amnesty International criticised the prosecution, describing the arrests as arbitrary and arguing that peaceful political expression is protected by fundamental human rights. The organisation called for the immediate release of the five men and urged authorities to discontinue the case.
Amnesty International also expressed concern that the prosecution could have implications for political expression and opposition activities in Borno State.
The case has generated reactions on social media, with some commentators questioning whether the display of political messages on clothing should constitute a criminal offence.
There have also been allegations that a prominent politician in Borno State may have influenced the arrests. The allegation has not been independently verified.
Efforts to obtain a comment from the Borno State Police Public Relations Officer, ASP Kenneth Daso, were reportedly unsuccessful as of the time of filing.
The defendants remain subject to the court process, and the allegations against them have not been established in court.
The Jigawa State Hisbah Board has arrested eight people in Kazaure Local Government Area over alleged homosexual acts, according to the board.
The board’s Public Relations Officer, Dauda Hadejia, disclosed this in a statement issued on Saturday, September 26, 2026.
Hadejia said the arrests followed a complaint filed by a 22-year-old man, who alleged that nine individuals had engaged in sexual acts with him on different occasions.
According to the statement, the complainant also claimed that he later contracted HIV, which he attributed to the alleged encounters. He reportedly appealed to the Hisbah authorities for justice, describing the alleged conduct as deceptive and harmful to his life.
Following the complaint, Hadejia said Hisbah operatives launched an investigation and began searching for the nine individuals named by the complainant.
“So far, eight suspects have been arrested, while efforts are ongoing to arrest the remaining suspect,” Hadejia said.
He added that the eight arrested individuals reportedly admitted during preliminary investigations to having engaged in sexual acts with the complainant.
Hadejia said the board had gathered information and evidence that would be presented before a court. He added that the investigation remained ongoing and that the suspects would be charged upon its completion.
The Deputy Commander-General of the Jigawa State Hisbah Board, Dr. Hussain Baban, reportedly urged parents to pay closer attention to their children’s upbringing and the people with whom they associate.
He also called on members of the public to be mindful of the consequences of their actions and to uphold religious and moral values.
The board further expressed appreciation to the Jigawa State Government for its support and cooperation in carrying out its responsibilities.
A newly married couple, Funmilayo Bamidele and her husband, Reverend Abiodun David, have been abducted along the Iyemero-Eruku Road, a border route linking Kwara and Kogi states.
The couple were reportedly returning from their engagement ceremony in Eruku on Saturday evening when armed men intercepted their vehicle and abducted them alongside four other passengers.
According to sources, the vehicle was initially expected to take the Isanlu Road. However, the driver reportedly chose an alternative route to drop off the best man and other members of the group at Iyamoye in Kogi State.
The vehicle was subsequently intercepted by armed men along the Iyemero-Eruku Road, leading to the abduction of all the occupants.
A photograph of the newly abducted couple has since emerged following the incident, while details about the whereabouts of the other passengers remain unclear.
Confirming the incident on Sunday, Kwara State Commissioner of Police, Adekimi Ojo, said soldiers had been deployed to search the surrounding bushes and rescue the victims while also pursuing the suspected kidnappers.
Ojo disclosed that the vehicle used by the victims was later found abandoned at a former police station in Ayetoro, Ekiti State.
He added that police operatives from Kwara, Kogi and Ekiti states were working jointly on the rescue operation because the incident occurred around the border communities of the three states.
Authorities have yet to disclose further details on the identities of the suspected abductors or whether any contact has been established with the victims.
At least five miners have been killed and two others injured after gunmen reportedly ambushed them at a mining site in Plateau State.
The incident occurred at about 1 p.m. on Saturday, September 26, in Marit village, Barkin Ladi Local Government Area.
According to community sources, the miners were carrying out their legitimate activities when they came under attack. The incident has plunged the community into mourning and renewed concerns over the safety of residents in the area.
Confirming the attack, the National Publicity Secretary of the Berom Youth Moulders Association, Rwang Tengwong, said five people lost their lives while two others sustained injuries.
“It is a very sad and painful development. Our people are once again mourning the loss of lives to violence,” Tengwong said, while calling on security agencies to intensify efforts to protect communities and prevent similar incidents.
A community member, Simon Mundat, also described the attack as devastating and appealed to the authorities to strengthen security in the area.
“We are deeply saddened by this attack. We appeal to authorities to strengthen security in the area so that our people can go about their legitimate activities without fear,” he said.
-
Business3 days agoNo Bad Blood Over New Cement Factories, But Our Mining Rights Run Till 2045 — Ibeto Tells Ebonyi Govt
-
Sports3 days agoEnugu Speaker’s boxing talent hunt unearths 5 budding stars
-
News3 days ago
Nigeria at 66: Macmaduson Concepts Limited Sends Independence Day Greetings to Clients
-
Crime4 days agoFive Arrested By Police For Wearing ‘Tinubu Must Go’ T-Shirts
-
Politics4 days agoEBONYI 2027: The People, Not Individuals Will Decide Who Becomes Governor – Igwe
-
News3 days ago66th Independence: Elder statesman wants policies to reduce hardship, calls for peace
-
Politics3 days agoEbonyi Guber: ‘Our People Deserve Better Government,’ Odii Insists
-
News3 days agoNigeria @66: Democracy Evolving, Says Anambra APC Chairman Anosike