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.”
The United States has said Nigeria has yet to make sufficient progress in addressing attacks on Christian communities, warning that the country’s designation as a Country of Particular Concern (CPC) should remain in place.
Assistant Secretary of State for African Affairs, Frank Garcia, stated this while responding to questions from US Congressman Riley Moore during a congressional hearing on violence in Nigeria on Thursday.
Moore questioned the Nigerian government’s efforts to dismantle militia strongholds and kidnapping camps in the Middle Belt, particularly in Benue and Plateau states.
He also demanded explanations for the exclusion of Benue and Plateau from the 10 states covered by Nigeria’s new forest guard initiative, despite persistent attacks in the areas.
The congressman further expressed concern that 1,000 presidentially approved forest guards for Plateau State had yet to be deployed.
Moore maintained that the US should not remove Nigeria from the CPC list, arguing that the country had not done enough to address the violence.
“Before you answer that, we cannot take this CPC designation off of this country. They have not done enough,” he said.
Responding, Garcia acknowledged that Nigeria had not made sufficient progress but maintained that the government was taking steps to address the concerns, although the measures had yet to produce the desired results.
“I think we would agree, as Under Secretary Hooker stated, after our CPC meeting that progress has not been there, but that doesn’t mean that Nigeria is dismissing concerns, and it doesn’t mean that they’re not taking actions, but it does mean that it hasn’t had an impact to this point,” Garcia said.
He identified the establishment of the US-Nigeria Joint Working Group as an important step towards ensuring accountability, noting that the platform would provide a framework for monitoring Nigeria’s commitments and assessing their implementation.
Garcia also acknowledged US-supported counterterrorism operations in the Lake Chad Basin but noted that such efforts had not necessarily addressed the activities of Fulani militants operating across the Middle Belt.
“I would have to characterise the Nigerians’ placement at this point as in building capacity. And that capacity is not deployed, is not being effective yet, and is not moving fast enough, as far as I’m concerned. But we do see a seriousness, and a deployment underway with the Nigerian government,” he said.
In his prepared testimony, Garcia said President Donald Trump’s administration had prioritised the persecution of Christians in Nigeria since the country was redesignated a Country of Particular Concern on October 31, 2025.
He noted that attacks had continued despite diplomatic engagements, citing an attack on a Christian community in Kaduna State on July 27 and killings in Plateau State in August and September.
“Unfortunately, the violence has not stopped,” Garcia said, describing the attacks as an ongoing atrocity.
According to him, the US-Nigeria Joint Working Group, which held its inaugural meeting in Abuja in January and another meeting in Washington in August, had been engaging the Nigerian government on improved security deployments in vulnerable Middle Belt communities, faster responses to early warnings and accountability for perpetrators.
He added that Washington had provided training and equipment to police units responsible for protecting vulnerable communities through its Bureau of International Narcotics and Law Enforcement Affairs.
The US had also expanded biometric information-sharing with Nigeria to help identify and prosecute perpetrators and engaged Nigerian financial institutions on measures to disrupt terrorist financing networks allegedly funding attacks on churches.
Garcia further disclosed that US Under Secretary of State for Political Affairs, Allison Hooker, had raised concerns about civilian casualties, the safe and voluntary return of internally displaced persons and transparency in humanitarian aid delivery during the Joint Working Group’s second meeting.
However, he acknowledged that Nigeria’s security architecture remained stretched, while judicial access to some parts of the Middle Belt remained limited.
Garcia said the US would continue to deploy diplomatic engagements, the CPC designation and targeted security cooperation to press for the protection of Christian communities and accountability for those responsible for attacks.
Meanwhile, the Nigerian Federal Government has consistently rejected allegations of a Christian genocide or systematic religious persecution, maintaining that the country’s security challenges are driven by broader issues, including terrorism, banditry, communal violence and resource conflicts, which affect citizens of different religious backgrounds.
Couple Sentenced To Five Years In Prison Each For Attempting To Sell One-Year-Old So
A Nigerian couple have been sentenced to five years’ imprisonment each for attempting to sell their one-year-old son for exploitation in Cross River State.
The couple, identified as 28-year-old Emmanuel Okechukwu Ogbodo and 22-year-old Peace Ufeabuchi Nnamonu, were convicted by the Federal High Court in Calabar after pleading guilty to conspiracy and attempted child trafficking.
The convicts were sentenced on Wednesday, November 11, 2026, after they were arraigned on November 3, 2026, on a two-count charge bordering on conspiracy and attempted child trafficking.
The charges were brought under Sections 27 and 29 of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015.
Delivering judgment, Justice Rosemary Dugbo Oghoghorie sentenced each defendant to five years’ imprisonment for conspiracy and two and a half years for attempted child trafficking.
However, the court ordered that the sentences should run concurrently, meaning the couple will each spend a total of five years in prison rather than serve the sentences consecutively.
The National Agency for the Prohibition of Trafficking in Persons (NAPTIP), which announced the conviction in statements shared on its Facebook and X accounts, said the prison terms would take effect from the date of the couple’s arrest.
NAPTIP condemned the couple’s actions and reiterated its commitment to prosecuting human trafficking offences and protecting vulnerable persons, particularly children.
The agency also urged members of the public to report suspected cases of child trafficking to the appropriate authorities.
Six fresh graduates of the University of Nigeria, Nsukka (UNN), have reportedly been found dead in an apartment around the Hilltop area of the university community in Enugu State.
The incident, which occurred on Thursday morning, has thrown the university community into mourning and sparked panic among residents and students.
According to a report by Daily Post, the victims, comprising five females and one male, were said to have graduated on Wednesday, a day before their bodies were discovered.
Their graduation celebration has reportedly turned into tragedy, with the circumstances surrounding their deaths yet to be established.
Efforts to reach the Enugu State Police Public Relations Officer, Daniel Ndukwe, for confirmation were unsuccessful, as calls put through to his telephone were not answered.
Meanwhile, anxiety has gripped the Hilltop area and the wider university community, with students and residents seeking answers over the tragic incident.
As of the time of filing this report, the police had yet to issue an official statement on the incident.
Security agencies have launched a manhunt for two convicted inmates who escaped from the Medium Security Custodial Centre in Okene, Kogi State.
The Nigerian Correctional Service confirmed the incident, which reportedly occurred on Sunday, November 8, 2026, saying efforts were underway in collaboration with other security agencies to recapture the fleeing inmates.
The Service’s Public Relations Officer, Chief Superintendent of Corrections Jane Osuji, disclosed this in a statement issued on Tuesday.
According to Osuji, the Controller-General of Corrections has ordered a comprehensive investigation into the incident to establish the circumstances surrounding the escape and identify any possible security breaches.
She explained that the investigation would examine potential lapses in the facility’s security arrangements and determine appropriate measures to prevent a recurrence.
The correctional authorities assured members of the public that all necessary steps were being taken to track down the escapees and return them to custody.
The Service also pledged to provide further updates as verified information emerges from the ongoing investigation.
The incident comes weeks after an awaiting-trial inmate escaped from the Medium Security Custodial Centre in Auchi, Edo State, where he was being held over allegations of conspiracy and stealing.
Saudi Arabia has executed five Ethiopian nationals convicted of smuggling hashish into the kingdom, bringing the number of executions carried out in the country this year to 205.
The Saudi Interior Ministry announced the executions on Thursday, November 5, 2026, saying the five men were found guilty of participating in the smuggling of hashish into the country.
According to a statement published by the official Saudi Press Agency, the executions were carried out in the Asir region in southwestern Saudi Arabia.
The latest executions bring to 32 the number of Ethiopian nationals put to death in Saudi Arabia in 2026, making Ethiopians the largest foreign nationality among those executed this year.
Five Ethiopians were reportedly executed in June, while another five were put to death in July over similar drug-related offences.
The latest development comes amid growing international concern over Saudi Arabia’s increasing use of capital punishment, particularly against foreign nationals convicted of drug-related offences.
Human Rights Watch (HRW), in a report published in July, warned that at least 79 Ethiopian nationals remained at imminent risk of execution over similar charges.
The rights organisation also raised concerns about alleged violations of fair trial guarantees, including inadequate access to legal representation and interpretation services for some Ethiopian migrants facing capital punishment.
Saudi Arabia recorded 356 executions in 2025, its highest annual figure on record.
Thousands of Ethiopians live and work in Saudi Arabia, many of whom migrate in search of employment through the dangerous Eastern Route connecting the Horn of Africa to the oil-rich kingdom through Yemen.
The route exposes migrants to serious security and humanitarian risks during their journey.
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