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Kogi vs EFCC: Agbakoba heads to Court, insists Commission must not undermine rule of law
In order to legally prove his stance that the Economic and Financial Crimes Commission has been breaking the rule of law, especially with the manner it prosecutes matters relating to states of the Federation, former President of the Nigerian Bar Association, Dr Olisa Agbakoba, SAN, has said he is heading to court.
Agbakoba said he would be praying the court for a declaration on the exact scope of powers of the commission, especially in relation to states of the Federation, while maintaining that the EFCC must not in the fight against corruption undermine the rule of law.
He quoted a very recent decision, Dr. Joseph Nwobike SAN v The Federal Republic of Nigeria FRN SC/CR/161/2020, in which the Supreme Court drastically limited the scope of powers of the EFCC, as it recognised that the EFCC being very powerful could not be allowed to run amok.
The Senior Advocate of Nigeria spoke in a statement he released on Tuesday evening, titled, “The Scope of Powers of EFCC Will Be Tested By The Courts.”
The statement reads, “Concerned that the EFCC often exceeds its powers in the investigation and prosecution of alleged offenders of our criminal laws, I held a media press conference to express my concerns, which I do occasionally on several national issues. I stated that I felt that the EFCC often but not all the time, I must concede, exceeded its powers in what it considers to be its public duty, in the war against corruption in Nigeria.
“The EFCC issued a response stating that I was wrong to take the views that it sometimes acts outside the scope of its powers vested by the EFCC Act. The EFCC referred to some cases, but I would say that in a very recent decision, Dr. Joseph Nwobike SAN v The Federal Republic of Nigeria FRN SC/CR/161/2020, the Supreme Court drastically limited the scope of powers of the EFCC, as it recognised that the EFCC being very powerful could not be allowed to run amok.
“I am not a court. Neither is the EFCC. I will proceed to the Court for a declaration on the exact scope of powers of the EFCC, especially in relation to states of the Federation. A declaration by a Judicial authority is the most valid process to authenticate if I am right or wrong with respect to my position that the EFCC often acts contrary to the law.
“I am not in any way against the EFCC on the fight against corruption. As admitted by the EFCC, I have always supported the fight against corruption. My concern is that the EFCC, in its undoubted statutory powers to stamp out corruption in Nigeria must strictly conform to the prescriptions of the law. EFCC must not in the fight against corruption undermine the rule of law. So, to the courts I go.”
While addressing a press conference on “The Rule of Law in Nigeria Today”, in Lagos on Sunday, Agbakoba had faulted the anti-graft agency over its recent actions against the Kogi State Government.
According to him, how a state spends its money should not be the business of the anti-graft agency. He had accused the EFCC of impunity, saying that assuming it was the Commission’s business to inquire how the state spends its money, would it still be its lawful business to investigate it?
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Alake Inaugurates Nigeria-US Solid Minerals Committee, Dismisses $700bn Claim, Says No Assets Sold
Joel Ajayi
The Minister of Solid Minerals Development, Dr. Dele Alake, on Tuesday inaugurated the Nigeria-United States Committee on Strategic Cooperation in the Solid Minerals Sector in Abuja, dismissing reports that Nigeria sold $700 billion worth of solid minerals to the US.
The inauguration followed the strategic cooperation framework established between Nigeria and the United States during the 81st United Nations General Assembly in New York.
In a statement issued on Wednesday by the Head PRESS and Public Relations Department Mrs. Kania Maliki Andeyaba stated that, Alake in the Memorandum of Understanding, MoU, signed with the US is a government-to-government platform to facilitate business-to-business engagements between American investors and Nigerian local operators, not a sale of assets.
Harping on the importance of the solid minerals sector to President Bola Ahmed Tinubu’s economic diversification agenda, he noted that the administration was committed to reducing dependence on a mono-product economy through the sustainable development of Nigeria’s vast mineral resources.
According to him, the Nigeria–US partnership as a strategic initiative to attract investment, promote technology transfer, strengthen local mineral processing and create employment opportunities.
“There is no sale of any Nigerian asset. There’s nothing exchanging hands,” Alake declared.
“We created a platform to facilitate mingling of US investment ventures with Nigeria’s local operators. It is in the public domain. We signed it in public and published it in four or five national newspapers.”
The Minister said reports claiming the US was coming to take over Nigeria’s minerals and security architecture were untrue at best and products of riotous imagination at worst.
Explaining the policy thrust, Alake said Africa has historically held the short end of the stick in global economic transactions, and Nigeria is determined to change that model.
“We have the resources, the critical elements the world needs to transit to clean energy. So we are creating a new paradigm — you bring your capital, expertise and technology, to match with our natural resources and create a win-win situation . The investor gains, Nigeria gains.’’he said.
Nigeria, he stressed, had operated a mono-cultural economy dependent on oil, while solid minerals were exploited informally — with ores taken “from pit to port” without value addition.
Alake said government has now made local processing mandatory, refusing to grant mineral titles to investors without a clear pathway to processing in Nigeria.
He said the policy led to the springing up of processing factories, including the largest lithium processing plant in West Africa commissioned recently in Nasarawa by the Vice President, and informed the formation of the African Minerals Strategy Group.
Alake noted that investor confidence has returned due to macro-economic reforms by President Bola Tinubu that guarantee security of tenure and repatriation of profits.
He charged the committee to discharge its assignment responsibly, saying its work is strategic to achieving the President’s $1 trillion economy target.
To this end, he told the Committee to ensure effective coordination, identify investment opportunities and translate the framework into measurable outcomes capable of positioning Nigeria as a competitive player in the global solid minerals industry.
In his welcome address, Permanent Secretary of the Ministry, Engr. Faruk Yusuf Yabo, said the inauguration translates growing bilateral engagements into a structured framework for practical cooperation and investment mobilization
Economic Officer at the US Embassy, Jonathan Baas, said President Donald Trump has prioritized three areas for US embassies — energy, artificial intelligence/super intelligence, and critical minerals.
Baas said Washington’s direction is to work with partners to secure critical supply chains while ensuring partners capture value.
“We just signed a contract today on looking into building AI data centres in Nigeria at the Nigerian Economic Summit. That’s the direction Washington wants us to go,” he said.
In his vote of thanks, CEO/Managing Director of Nigeria Solid Minerals Company, NSMC said that the committee
is expected to coordinate implementation, facilitate investment and monitor progress towards achieving the objectives of the Nigeria–US cooperation framework.
The inauguration reinforces the Federal Government’s commitment to repositioning the solid minerals sector as a key driver of economic diversification, industrial development and national prosperity under President Tinubu’s Renewed Hope Agenda.
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