A Democracy is governed by the Rule of Law. A simplistic definition of the Rule of Law would be that; if we need to make anything happen, we enact a law within the constitution to cure the societal defect.

S.5(1) (e-i) of the EFCC Act lists some of its responsibilities to include:

(e) the adoption of measures to eradicate the commission of economic and financial crimes;

(f) the adoption of measures which includes co-ordinate preventive and regulatory actions, introduction and maintenance of investigative and control techniques on the prevention of economic and financial related times;

(g) the facilitation of rapid exchange of scientific and technical information and the conduct of joint operations geared towards the eradication of economic and financial crimes;

(h) the examination -and investigation of al1 reported cases of economic and financial crimes with a view to identifying individuals, corporate bodies or groups involved;

(i) the determination of the extent of financial loss and such other losses by government, private individuals or organisations;

(j) collaborating with government bodies both within and outside Nigeria carrying on functions wholly or in part analogous with those of the Commission concerning

(i) the identification, determination of the whereabouts and activities of persons suspected of being involved in economic and financial crimes,

(ii) the movement of proceeds or properties derived from the commission of economic and financial and other related crimes,

(iii) the exchange ofpersonne1 or other experts,

(iv) the establishment and maintenance of a system for monitoring international economic and financial crimes in order to identify suspicious transactions and persons involved,

(v) maintaining data, statistics, records and reports on persons, organisations, proceeds, properties, documents or other items or assets involved in economic and financial crimes,...

Constitutional Test Case in Benue State

The Vanguard Newspapers reported on August 10, 2006, that the Benue State Government has taken the Federal Government and the other 35 Attorneys Generals of the States to court regarding the legality and scope and applicability of the EFCC Act in regards to the constitution and the Powers of the Federating Units.

See http://www.vanguardngr.com/articles/2002/nationalx/nr110082006.html

Benue State is asking the Supreme Court for the following reliefs:

* Declare that the National Assembly cannot lawfully or validly pass any Act in respect of criminal matters made applicable to Benue State to exclude, remove,  jettison or interfere with the powers vested in the plaintiff under and by virtue of section 211(1) of the 1999 constitution to:

a) institute and undertake criminal proceedings against any person before any court of law in Nigeria in respect of any offence created by or under any law of the  House of Assembly of Benue State;

b) take over and continue any such criminal proceedings that may have been instituted by any other authority or person;  and

c) discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any other person authority or person.

* A declaration that in so far as the EFCC Act purports to exclude, remove, jettison or interfere with the constitution and age-long statutory power of the plaintiff to:
a) institute and undertake criminal proceedings against any person before any court of law in Nigeria in respect of any offence created by or under any law of the  House of Assembly of Benue State;

b) take over and continue any such criminal proceedings that may have been instituted by any other authority or person;  and

c) discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any other person authority or person,  the  Act is unconstitutional, null and void and of no effect whatsoever.

* A declaration that the National Assembly cannot validly pass any Act to create or establish any other (Police) force/security agency, and that the creation of the EFCC vested with awesome and wide powers akin to and/or broader than those given to the Nigerian Police both by the 1999 constitution and the Police Act Cap P  19, Laws of the Federation, 2004,  is unconstitutional, null and void and of no effect whatsoever.

* A declaration that the National Assembly has no power to make any law creating a criminal offence with retroactive application and that in so far as the EFCC Act,  2004 vests retroactive powers and functions in the EFCC, the said Act is unconstitutional, null and void and of no effect whatsoever.

* A declaration that the EFCC as an agency of the Federal Government has no power, right, duty and jurisdiction to conduct an oversight function on the affairs or management of the Benue State or to arrest, detain or prosecute any official of the state government for any purported offence in relation to the offence of corruption, abuse of power or office.

* A declaration that the arrest, detention and harassment of officials of the Benue State government by agents or officers of the EFCC on or about July 28, 2006 or  on any day at all for allegations of corruption and abuse of office and/or demand on them to supply details of utilities of Ecological Funds received by the state from  May 1999 to date and particulars of all contracts awarded by the state within the same period and payments made on such contracts, etc is ultra vires the power of  EFCC and is therefore unconstitutional, illegal and arbitrary.

* A declaration that the EFCC Act dealing with, amongst others, confiscation of all property and funds seized from officials of a state government (Benue State) by  EFCC to the Federal Government; encroachment on the fundamental human rights provision enshrined in Chapter IV of the 1999 constitution; the retrospective  application of the Act on the functions of the commission; the transfer of the oversight functions of the Benue State House of Assembly; the expansion of the  jurisdiction of the Federal High Court by vesting it with criminal jurisdiction in respect of affairs of a state government; divesting the Benue State High Court of its  inherent powers and jurisdiction and interfering with the way and manner proceedings should be conducted and creating and vesting awesome power in the  commission like and/or wider than that of the Nigerian Police are unconstitutional, illegal and void.

* A declaration that on a proper construction of the provisions of the EFCC Act, 2004 are inconsistent with the clear provision of the constitution, coupled with the  fact that the said provision run against the spirit, tenor and intendment of federalism, the entirety of the Act becomes null and void and of no effect whatsoever.

* An order directing the Federal Government to tender or render an unreserved apology to Benue State for the embarrassment and intimidation it received from EFCC on July 27, 2006.

Chief Wole Olanipekun (SAN), counsel to Benue State government, in a 33-paragraph affidavit in support of the suit, averred that “on July 27, 2006, officers and men of EFCC numbering over 50 and heavily armed with sophisticated weapon stormed the office of the Secretary to the Benue State Government and arrested the Commissioner for Finance, a Deputy Director and Director of Administration and Finance in the Ministry of Local Government.

“It took the state governor personally going to beg before the state functionaries were released and on July 31, 2006, the EFCC wrote to the State Police Command,  asking for the arrest of some key officers of the state, namely Commissioners for Finance, Water Resources and Environment, Works, Education, the  Accountant-General and the Chief Executive of Benue State Scholarship Board, Permanent Secretary-Ministry of Water Resources, Director of Administrator, Local  Governments and Chieftaincy Affairs, Director of Monitoring and Inspectorate Division of Ministry of Local Governments and Chieftaincy Affairs and Deputy  Director in the Accountant General’s office.”

He further averred that EFCC was also demanding some vital and sensitive government documents, whether classified or not.
Benue State is contesting that “contrary to the clear provision of the constitution, EFCC set up by the National Assembly and its operation, particularly in relation to the Benue State government, is another (Police) force in a disguise manner and with wide and/or overriding powers than the Nigerian Police.”

The Constitutional Provisions

Section:

4.   (1) The legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation, which shall consist of a Senate and a House of Representatives.

     (2) The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.

     (3) The power of the National Assembly to make laws for the peace, order and good government of the Federation with respect to any matter included in the Exclusive Legislative List shall, save as otherwise provided in this Constitution, be to the exclusion of the Houses of Assembly of States.

    (4) In addition and without prejudice to the powers conferred by subsection (2) of this section, the National Assembly shall have power to make laws with respect to the following matters, that is to say:-

     (a) any matter in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto; and

     (b) any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.

     (5) If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other Law shall, to the extent of the inconsistency, be void.

Item 45 of the Exclusive Legislative List of the Constitution provides that the National Assembly has exclusive powers to make laws regarding:

“45. Police and other government security services established by law.”

The EFCC Law

The full title of the law as contained in the Statutes is; “Economic and Financial Crimes Commission (Establishment) Act 2002, Laws of the Federation of Nigeria. The Sub-title reads; ‘An Act to provide for the establishment of a Commission for Economic and Financial Crimes and for matters connected therewith’. It is dated 14th December, 2002 and recited as ‘Enacted by the National Assembly of the Federal Republic of Nigeria’. It was also signed on 13^th December, 2002 by one Ibrahim Salim, CON, who certifies that in accordance with Section 2 (1) of the Acts authentication Act, Cap. 4, Laws of the Federation of Nigeria 1990, that this is a true copy of the Bill passed by both houses of the National Assembly.

The former Attorney General of Benue State, Liam T. Ge, Esq. opined that the State under the Separation of Powers Doctrine, like in the Plateau State precedent, has exclusive jurisdiction over state matters and records and documents in its possession. He further espoused the legal position that no Federal Agency has the power of search and seizure over the property of a State without the prior authority of a court of Competent jurisdiction in spite of the EFCC Act. On this point, Rommy Mom, Esq., the current Chairman of the Makurdi Branch of the Nigeria Bar Association is in agreement with the Benue State government, although he had through his Lawyers Alert network been a thorn in the side of the Benue State government on Constitutional issues. Joseph Abaagu, Esq. the current Attorney General of Benue State seeks to test in Constitutional Court, the powers of the EFCC investigators to swoop upon his state and by force of law conduct what he terms “a fishing expedition” and cart away documents belonging to his state.

The Power to Investigate

All the combatant legal luminaries concede to the EFCC the power to investigate inherent in an anti-crime Law Enforcement organization. The Attorney General of Benue’s grouse is that the EFCC did not follow due process. When further asked what due process would be in the current circumstance; he opined that the cops ought to bring forth the allegation and allow the accused persons a right of reply. The next question would be, in the case of an investigation regarding graft, abuse of office or other corruption by individuals, how does Benue State come in? Under the law, even the authority of the Nigeria Police falls under the Exclusive jurisdiction of the Federal Government, hence there are no States Police Organizations. For clarity, EFCC Act expressly makes provision for:

(h) the examination -and investigation of al1 reported cases of economic and financial crimes with a view to identifying individuals, corporate bodies or groups involved

What is hotly contested is the rational for investigation and the modus operandi. What are the trigger events to an EFCC federal investigation of a State or even Local Government in a separation of powers Republican Democracy where the extent of the powers of the two units of power base are constitutionally provided for in the Exclusive and Concurrent legislative Lists? Can all Economic crimes of Corruption, Fraud and others come under the jurisdiction of the EFCC? Can a Federal Agency have access without subpoena and/or warrant to search and seizure of all and any territory within Nigeria?

Perception of corruption in Benue

Economic and financial Crimes are committed when the state government is looted in graft, cronyism or non performance. Benue has 23 local government authorities. The gross statutory allocation for Benue state in the month of May as contained on the website of the Federal Ministry of Finance http://www.fmf.gov.ng/fileupload/state_FAAC_May2006.pdf is N1,809,393,021.52. The total external debt recorded is N135,088,437.74. Other deductions listed of N28,422,038.05 therein is explained in the footnote to cover National Water Rehabilitation Projects, National Agricultural Technology Support Program, Payment for Fertilizer, State Water Supply Project and National Fadama Project.

Knowledgeable persons have accused the tenure of the current government in Benue State of cronyism, cabalistic and non-performing waste. On the government side, when I asked the current Attorney-General and commissioner of Justice, Joe Abaagu, Esq., he rated his government as ‘excellent’ in performance. He said they have built many bore-holes and launched some projects without fanfare. When I pressed for numbers he said they merit a 65-75% grade, in his own opinion.   I asked The Chairman Makurdi branch of the Nigeria Bar Association, Rommy Mom, Esq., the same question; he gave Benue a failing 35% grade in performance.

The Attorney-General confirmed that his administration has instituted a Benue States Contract Review Commission headed by Justice Joseph Tine Tur to look into the issues the EFCC was purportedly investigating; therefore the EFCC did not have any authority to come into their business.

In Conclusion

Benue State has clearly demonstrated, in the opinion of many, why Nigeria needs the EFCC as an external Federal agency to investigate cases of graft, cronyism, conversion and outright looting of public resources, wherever found. The Benue State government no doubt has set review mechanisms for contract awards and payment. No doubt, contract sums are rarely, if ever, paid up-front; there is usually a draw-down period based on performance and evaluation of the contract stages. There are also persons employed and given the duty to monitor progress in keeping with best practices and monies released. If the contractors took the money and absconded, they committed crimes; if they performed below expectation, the supervisors should have done their job of assessment and stopped payment. That contract issues would have to be taken to a special commission shows, ipso facto, a lack of accountability. Could it be that the contracts were given to party hacks and the payments shared out in the usual Nigerian practice without regard to performance of the job? Are the contracts a means of doling out patronage to party faithful? That is what the EFCC was set up to find out and stem. They should be allowed free access to do their job. Please Support the EFCC.

Robot  Villager

# 1 A Democracy is governed by the Rule of Law. A simplistic definitio...Read the full article. Posted by Robot| 16.08.2006 12:44

ula-lisa  Villager

# 2 A right to reply: today I recieved this mail. _______________________________________________ BENUE STATE GOVERNMENT VS. EFCC ALL THAT BENUE STATE DEMANDS IS DUE PROCESS Introduction: It is already a notorious fact that on the morning of Thursday, 27th July, 2006, operatives of EFCC and mobile policemen numbering over 50 went to the offices of the Secretary to the Benue State Government, Dr. John Orokpo, and positioned the mobile policemen round the premises of the State Cabinet Office. Five of the operatives forced their way into his office after manhandling his security man at his door who dared to question who they were. They showed the SSG a one sentence letter which simply said they were from the EFCC and required information and documents from the State Government. Without waiting for a response, they stormed out and headed for three Government offices in the Ministries of Finance, Water Resources and Local Government and Chieftaincy Affairs. In each of the three offices, they simply picked whatever files they saw on the tables of the officers and arrested the officers. They took the files and officers to the State Police Headquarters in Makurdi. The manner of operation immediately attracted outrage from the people on the streets who spontaneously reacted by following in large groups at the police headquarters. When the situation was threatening to explode, the Governor personally went to the police headquarters and appealed to the youths to remain calm and in the process secured the safety of the EFFC operatives. That is how that day was saved. Benue State Government Reaction Government went to the State High Court on the following day and obtained exparte orders thus; “…(a) An order restraining the Defendants / Respondents, their agents, servants or privies from effecting the arrest or detention of members of the Benue State Executive Council and other top Government functionaries pending the determination of the Motion on Notice; (b)An order restraining the Defendants / Respondents, their agents, servants or privies from carting away Benue State Government confidential files and other official/secret documents pending the determination of the Motion on Notice.” - Hon. Justice J. T. Tur of Benue State High Court in Suit No. MHC/494M/2006 Attorney-General Benue State Vs. EFCC & 1or. The Commissioner of Police Benue State Command was served on the same day i.e. 28th July, 2006 but the EFCC was served on Monday 31st July, 2006 at about 11.00am. On the same day, EFCC, in total disregard to the Court order sent a letter to the Commissioner of Police directing him to arrest and take to Abuja on or before 7th August, 2006 ten (10 ) top Government functionaries including Commissioners, Permanent Secretaries, and Directors etc. They also demanded virtually all of Government’s records of transactions from 1999 to date for “investigation activities”. The documents will require a trailer to transport to Abuja! Without waiting for Government reaction, the EFCC preremptorily sneaked into the State and abducted at gun point two senior government officials between 4.00am to 5.00am on 3rd August, 2006. Government again went to court to apply for the enforcement of the fundamental rights of the 10 named officials and other State Government officials. The Court specifically ordered in respect of the two(2) officials abducted thus; “In respect of the 8th and 11th applicants who were arrested by the respondents in the early hours of 3.8.06 before this application was filed, I hereby order that the respondents do not keep them in detention more that twenty-four hours and they (the respondents) shall grant them bail accordingly, pending the determination of the notice of motion.” - Hon. Justice J. S. Ikyegh of Benue State High Court in Suit No. MHC/503M/2006 Attorney-General Benue State and 10ors Vs. EFCC and 3ors. Government also filed Form 48 to commence contempt proceedings for the breach of the earlier court order by arresting the two officials. Also angered by the impunity with which EFCC operatives have been operating in many States of the Federation, Benue State Government decided to specifically challenge in the Supreme Court the constitutionality of the scope of operation of EFCC in a Federation among several other reliefs. This is contained in the case of Attorney-General of Benue State vs. Attorney-General of the Federation and 35 others in suit No. SC/179/2006. The officials were released on bail on Sunday August 6, 2006 and directed to report back with documents on 14th August, 2006. Reaction by other stakeholders and members of the public The Benue State House of Assembly at its sitting of Tuesday 1st August, 2006 observed that the EFCC’s conduct amounted to unwarranted usurpation of its constitutional powers. It therefore resolved to challenge EFCC in Court. The Nigeria Bar Association, Makurdi Branch addressed a press conference and condemned the manner of operation of the EFCC in the following words: “The Nigerian Bar Association alongside other Civil Society Organisations and citizens of Benue State have observed the recent activities of the Economic and Financial Crimes Commission, EFCC in the State which was evidenced by the forceful removal of Government documents and files without following the procedures for obtaining these documents. We also note that at the time these documents were removed there existed no specific allegations, nor was the EFCC making any specific allegation. It was at best an expedition carried out by the EFCC aimed at fishing or scouting for wrong doings. Needless to say that our laws allow for investigations towards unraveling specific offences and not fishing for same.…. The Nigerian Bar Association would want to emphasise for the records that we abhor corruption, as it is evil and as it is wicked, dishonourable and leads to underdevelopment. Perpetrators of corrupt practices we believe should be sanctioned according to due process…… The spirit behind EFCC is transparency. We believe the activities of the EFCC should be as transparent as that in which they seek to uphold in the running of affairs of Government. The conduct of the EFCC in Benue State has however been anything but transparent. Due process, which is the hallmark of the Federal Government Reforms, is sacrificed in the zealousness of the EFCC activities in Benue. A situation where the EFCC forcibly obtains public records in total contravention to lay down rules, as if it is a law unto itself, is not only unfortunate but also regrettable. This is the kind of conduct, which has been established by the EFCC in sister States like Plateau, Bayelsa and the rest. It lays credence to the belief that the EFCC is merely an instrument of tool to fight perceived political opponents of the President. It is no secret that the Benue fought the Third Term Agenda and contributed in no small measure to its demise at the National Assembly. We believe the President is yet to forgive all pro democratic persons and State Governments who contributed to the failure of the project, which the President stood to be the biggest beneficiary if it had succeeded. We note that the recent visits of the EFCC coincide with the recent calls for Interim National Government. This as is widely speculated is another route by the President to elongate his tenure i.e. Third Term via the back door…” Similarly at the end of a one day interactive meeting of Civil Society groups in Benue State with participants drawn from non governmental organizations, labour, religious bodies etc, on the recent activities of EFCC in Benue State a communiqué was issued which noted as follows: “The EFCC should act within the law and in accordance with due process regarding its activities in Benue State. To this end we note with reservation the manner and style the EFCC used in carrying out their investigations in Benue State” The expanded State Caucus of the PDP Benue State Chapter also issued a communiqué after its emergency meeting and it read in part thus; “The State expanded Caucus of the PDP observed that the action of the EFCC was not only unconstitutional but unjustifiable under the Economic and Financial Crimes Commission (Establishment) Act 2004. The dignity of top government officials was not respected, their personal liberty was encroached upon when no allegation of the commission of any crime, nor other allegations of wrongdoing made against them in accordance with the provisions of the EFCC Act.…. The EFCC claimed that its operatives came for general investigation but they acted without any query raised by the Auditor-General of Benue State or the Benue State House of Assembly. Outside these two bodies the EFCC has no powers to audit the Accounts of Benue State Government….. It is the view of the Benue State PDP Caucus that the EFCC is acting in vendetta on the orders of authorities who are not happy with the Benue State Government and people over their anti third term stance…” The Caucus concluded by affirming its confidence in the Governor and Government of Benue State as follows: “The Expanded Caucus reaffirms it’s absolute confidence in the leadership and ability of the State Governor His Excellency Dr. George Akume to take Benue State to a higher level of development. The Caucus also reaffirms its confidence in the unassailing intergrity of the Governor and the judicious manner he has managed the meager resources allocated to the State from 1999 to date.” Other important voices from the public included Prof. Ben Nwabueze, the renowned Constitutional Lawyer who reacted to the Supreme Court action in his letter to the Attorney-General Benue State:- “I read in the newspapers this morning that the Benue State Government has filed a suit in the original jurisdiction of the Supreme Court against the Federal Government on the issue whether the Economic and Financial Crimes Commission (EFCC) “has the constitutional power to invade states under a federal system of government”. The issue raised is of the greatest importance to this country, and it also involves questions of the greatest complexity touching upon our system of constitutional democracy….” Sundry reactions from student bodies, youth groups and people on the street have been more vehement. Judicial Commission of Inquiry In the early part of this year, the Benue State Government decided to take stock of its performance and do a thorough self examination. It therefore constituted a Judicial Commission of Inquiry headed by a Judge of the Benue State High Court to examine all the contracts/projects it awarded between 1999 to the end of 2005. Since commencement of its work, (even before submission of report) many contractors who had abandoned some of the projects have resumed work on the sites. All records of these projects are before the Commission and these are the same records EFCC wants the State Government to surrender to them. Wouldn’t have been better for the EFCC to wait for the report so that they can identify specific wrong doings and by whom, rather than commencing the general auditing of the State? Demand for Due Process The EFCC Act allows its operatives to carry out investigation in a long range of economic offences. The procedure for the investigation is not spelt out in the EFCC Act so the EFCC has to fall back on procedures stipulated in existing laws such as the Constitution of the Federal Republic of Nigeria, the Criminal Procedure Code, the Penal Code, the Criminal Procedure Act, the Criminal Code, Evidence Act and other procedural laws. This was succinctly captured by the Federal High Court, Kaduna in the case between Members of the Plateau State House Assembly Vs. EFCC. If EFCC has a specific allegation against a specific State Official, they should confront the official with the allegation and require him to respond to such specific allegation. If it is a petition, the principle of fair hearing under S.36 of the 1999 Constitution requires that the person should be allowed to see the petition and react to same. Benue State as a Government has not committed any offence and so will not subject itself to a general audit by EFCC operatives because the power of audit rests only with the State Auditor-General under S.125 of the 1999 Constitution, while the power to conduct general investigation resides with the State House of Assembly under S.128 of the same Constitution. Let the EFCC borrow a leaf from the ICPC whose operations are more civil, decent and less publicity seeking. Since all matters are now subjudice, the EFCC should be guided by the Rule of Law. Joe Abaagu(KSM) Hon. Attorney-General & Commissioner of Justice Posted by ula-lisa| 16.08.2006 13:24

Jonathen  Villager

# 3 If I lived in the entity called "Nigeria" I'd solve those "corruption" problems. All I'd need is a high caliber sniper rifle, one bullet per target and a clear sight to each of these thieving, murdering monsters. Posted by Jonathen| 16.08.2006 20:19

Ngozi C

# 4 EFCC does not obey the rule of law. They hold people for months on end without formally charging them. I am all for fighting corruption BUT it should not only be political enemies of the president that are targeted. If Mohammed Babangida is asked where he got the money to buy Globacom shares so also should the president be asked where he got the money to buy 200 million Transcorp shares, afterall he has only ever worked in government. If Ribadu wishes to take it all the way back(as he is doing with the presidents opponents) then he should ask the president where he got the money for OBJ farms and also OBJ holdings, perhaps his army pension? Also not ONE pro third term senator has been prosecuted even though there is evidence that some of them collected money. Ribadu has the guts to ask the Nigerian people to bring proof, where is he getting tbe proof for all his other cases? If EfCC is to be taken seriously, Ribadu must carry out his actions fairly across the board. The only way he will prove he is serious is to start asking questions to those within the presidency. Posted by Ngozi C| 17.08.2006 05:31

ula-lisa  Villager

# 5 =Ngozi C> If EfCC is to be taken seriously, Ribadu must carry out his actions fairly across the board. The only way he will prove he is serious is to start asking questions to those within the presidency. _______________________________ I agree with you, except the logistics do not support your position. In this fight against evil is the initial tough task of investigation. Even in the US, they needed the Independent Counsel Law to bring an outsider to investigate the activities of a seating president. Independent counsel law is an option. For now, there are many so-called rogues outside the corridors of power roaming free. Let the EFCC deal with them now. I also think that procedure for investigation needs to be outlined in a subsidiary legislation or legal guidelines from the department to conform with Evidential and Due Process requirements. Keeping a Senior Advocate for 5 days for being an attorney, even if he is accused of an offence; is not it. But I think we all ought to give EFCC support whether they are tacling 419, bank fraud or looting politicians. Posted by ula-lisa| 17.08.2006 09:50

ula-lisa  Villager

# 6 ________________________________________________ The Guardian Newspapers Court berates EFCC over Rickey Tarfa's detention From Lemmy Ughegbe, Abuja A FEDERAL High Court in Abuja yesterday berated the Economic and Financial Crimes Commission (EFCC) over the continued detention without trial of a renowned legal practitioner, Mr Rickey Tarfa (SAN). The judge, Justice Anwuri Chikere, declared that the EFCC had no legal power to detain an accused person for more than 48 hours without trial or court order. She held that the continued detention of Tarfa was illegal and ordered the commission to release him immediately in the absence of a formal charge about one week after he was picked up and incarcerated like a common criminal. Another High Court had on Monday ordered the EFCC to immediately release Tarfa or show cause why he should remain in its custody. But the commission yesterday told Chikere that it was still studying the ruling. Yesterday's proceeding was witnessed by about 50 lawyers, including all the Abuja-based Senior Advocates of Nigeria (SANs). Mr. Joe Kyari Gadzama (SAN) led Dr. Alex Iziyon (SAN), Damien Dodo, among others, to represent Tarfa in court. The Abuja chapter of the Nigerian Bar Association (NBA) led by its Chairman, Chief Jude Okeke, was also in court in solidarity with the detained legal practitioner and the court, whose integrity they alleged was being diminished by the refusal of the anti-graft commission to obey the court order. Tarfa was arrested last week Thursday allegedly over a controversial sale of the property located in the Federal Capital Territory (FCT). A Federal High Court judge, Justice Stephen Adah, who was approached via an application for enforcement of fundamental human rights had on Monday, ordered his temporary release or compulsory production in court yesterday morning. In the application filed on his behalf by his team of lawyers led by Gadzama, Tarfa named the EFCC, along with three persons: DSP Mohammed Danjuma, Mallam Bello Yahaya, Abdulahi Bello and the Federation Attorney General as respondents. Hearing in the substantive application challenging the arrest and detention has been adjourned till November 2. Posted by ula-lisa| 17.08.2006 09:55

Oghre  Villager

# 7 I said it before and I’ll say it again, the EFCC is a waste of tax payers’ cash. It was setup as a witch hunting tool and its mandate has not changed years later. Nuhu Ribadu has a lot of evidence to investigate many Nigerians but refuse to do so because he does not have the authority. If the man had any decency and credibility, he should have resigned from the very day he knew OBJ was using him to persecute a select few. If the man is investigating the Babangida’s with a few months remaining for his boss’s 8 year terms to expire then we are in trouble, it just goes to show you what a partial and incompetent organisation it is. For some reason the EFCC has powers to raid small-time in internet cafes but then does nothing to recover the $ 200 billion or so they claim Nigeria has lost through corruption since independence. Nuhu Ribadu himself may be probed by another government someday and his complicity in many things that happened under OBJ’s watch will come to light. EFCC or not, we are still listed as 2nd most corrupt country in the world by TI, an organisation OBJ himself help setup. Posted by Oghre| 18.08.2006 06:56