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.”
A young man suspected of attempting to steal cables from a transformer was found dead after reportedly being electrocuted along Trademore Road in Lugbe, Abuja, in the early hours of Friday.
The deceased was reportedly found crouched and lifeless near the transformer, with his body said to have become stiff, suggesting he may have been electrocuted when power was restored.
Residents said there had been no electricity supply in the area on Thursday night before the incident occurred.
The discovery attracted a crowd of residents, who expressed concern over the increasing activities of cable vandals in different parts of the Federal Capital Territory.
Rasheed Ogunyemi, a resident of Iddo Seriki along the Airport Road, said residents in his area often contribute money to repair their transformer, only for vandals to return and cut the cables.
The FCT Police Public Relations Officer, SP Josephine Adeh, confirmed the incident, stating that the deceased’s body had been evacuated and deposited at a mortuary in Gwagwalada for autopsy.
More than 60 worshippers are feared to have been kidnapped from the Central Mosque in Dekara town, Borgu Local Government Area of Niger State, during Jumu’at prayers on Friday.
The incident occurred when suspected terrorists, said to be operating in large numbers, stormed the mosque while the prayers were ongoing.
According to sources, the attackers fired several shots before rounding up some of the worshippers and taking them into the surrounding forest.
A resident, who spoke on condition of anonymity, said Borgu Local Government Area witnessed several security incidents on Friday, including attacks on three communities.
“So many things happened in Borgu LGA on Friday. Terrorists attacked three communities, including Dekara. In Dekara, they went to the Central Mosque while Jumu’at prayer was ongoing and kidnapped more than 60 people. But they did not injure anybody,” the resident said.
The Chairman of the All Progressives Congress (APC) in Ijumu Local Government Area of Kogi State, Oyewole Mayowa Solomon, has died after reportedly collapsing during a party reconciliation meeting in Iyara, the council headquarters.
Solomon reportedly slumped suddenly while participating in the meeting convened on Friday by a former Ijumu council chairman, Funsho Olumoko, as part of efforts to resolve internal disagreements and promote unity among APC stakeholders in the area.
An eyewitness said the incident caused confusion among participants, who immediately attempted to revive the party chairman before rushing him to a hospital in Kabba.
He reportedly died shortly after arriving at the hospital.
The development shocked party leaders and other stakeholders who had gathered for the reconciliation meeting, which was aimed at strengthening the APC ahead of the 2027 general elections.
The meeting was expected to bring together party leaders, ward and local government executives, women and youth leaders, as well as government appointees from the 15 wards in Ijumu.
The incident occurred amid renewed efforts by APC stakeholders in the council to resolve longstanding disagreements and restore unity within the local chapter.
Earlier in the month, party leaders in Ijumu had endorsed President Bola Tinubu and Kogi State Governor, Usman Ododo, for second terms.
However, that gathering was reportedly disrupted by disagreements over the leadership of the local government, with Solomon and some other officials said to have walked out of the meeting.
Olumoko, who organised Friday’s reconciliation meeting, had previously been mandated by the Ijumu Consultative Forum to facilitate dialogue among political stakeholders in the council.
Solomon’s sudden death is expected to create fresh uncertainty around the ongoing reconciliation efforts within the Ijumu APC, coming barely two weeks after stakeholders renewed calls for unity ahead of the 2027 elections.
The cause of his death had not been officially disclosed as of the time of filing this report, while efforts to obtain an official reaction from the APC were ongoing.
Tension and grief have gripped the political community in Enugu State following the suspected murder of the African Democratic Congress (ADC) Chairman in Udenu Local Government Area, Chisimdiri Emmanuel Ngwu.
Ngwu, described as one of the longest-serving members of the ADC in the state, was reportedly found dead in the early hours of Wednesday, August 19, 2026, under circumstances that have raised concerns among his family, friends and political associates.
A family source told our correspondent that Ngwu woke up early on Wednesday, left the house and never returned alive.
The source said the family became worried after they noticed he was missing, only to later discover his lifeless body outside the compound.
“We woke up and didn’t see him, only to discover his lifeless body in front of our compound,” the source said.
The source further alleged that scratches were found around Ngwu’s neck and that his neck appeared to have been twisted backwards, raising suspicions about the circumstances of his death.
The incident has sparked concern within the ADC in Udenu and the wider political community in Enugu State, with calls for security agencies to thoroughly investigate the matter and bring anyone found responsible to justice.
Meanwhile, two persons have reportedly been arrested in connection with the incident.
Their identities and the specific circumstances surrounding their arrest were not immediately known as of press time.
Ngwu’s death has since sent shock waves through the ADC, with party members and associates mourning his death and demanding a transparent investigation into the circumstances surrounding the incident.
The Anambra State Police Command has uncovered the circumstances surrounding the alleged murder of a 56-year-old man, Mr Kelechi Madu, in Awkuzu, Oyi Local Government Area, two days after he was reported missing.
The development was disclosed in a statement issued on Friday, August 21, 2026, by the Police Public Relations Officer, SP Tochukwu Ikenga, who said the breakthrough followed a coordinated search and investigation by police operatives, local vigilantes and members of the deceased’s family.
Madu was reported missing by his wife on August 18, after he reportedly left home on the evening of August 17 and failed to return.
According to the Command, the search for the missing man took a grim turn later that day when his wife returned to the police station to report that he had been found dead in a nearby bush at Umuobi, Awkuzu.
Police operatives immediately mobilised to the scene, where they found Madu’s lifeless body with a deep axe wound to his head. His remains were subsequently evacuated and deposited at a hospital mortuary for preservation.
Following the discovery, detectives intensified their investigation and arrested the deceased’s 32-year-old friend, Mr Ifeanyi Nwankwo, who allegedly confessed to being involved in the planning of the killing.
Preliminary findings by the Command indicated that Nwankwo allegedly obtained money from Madu through fraudulent means, claiming he would assist him in acquiring a piece of land.
Police alleged that the suspect subsequently engaged two other persons to eliminate Madu in an attempt to conceal the alleged fraudulent transaction and prevent the victim from recovering the money.
The Command said two other suspects linked to the alleged plot were also arrested, bringing the number of persons apprehended in connection with the case to four.
The Commissioner of Police, Anambra State Command, CP Nnanna Oji Ama, psc, mnips, has directed investigators to intensify the probe and identify every person involved in the alleged conspiracy and murder.
The CP vowed that all persons found culpable would be brought to justice.
The Command, through Ikenga, assured residents that it would continue to strengthen intelligence-led policing and community partnerships to prevent violent crimes, uncover criminal networks and ensure that perpetrators face the full weight of the law.
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