By Kunle Awosiyan
Former Governor of Kogi State, Alhaji Yahaya Bello is not leaving any stone unturned in his fight against the law.
He is currently hiding under the Supreme Court’s hearing of a suit by 15 other state governments, challenging the constitutionality of the laws that established the Economic and Financial Crimes Commission, EFCC.
He is shooting from all arsenal to kill his over N80bn alleged misappropriation and another 16 count charges of over N100bn committed by his administration.
Even though the legal challenge of the establishment of EFCC was initiated by the Kogi State Attorney General, Bello felt relieved when the Supreme Court fixed the hearing on all 16 state governments for October 22.
This is different from another of his case where he had appealed at the Supreme Court against the powers of the anti graft agency to arrest him.
Bello’s case is a vivid example of the Yoruba’s common parlance of “Aje Egbodo to n wa Eni Kunra”. In other words Bello is seeking associates in crime to fight against the law.
He wants members of the public to look beyond him as the only criminal suspect but other state governments and perhaps their governors who have joined him in the fight against EFCC.
A seven-man panel of justice, led by Justice Uwani Abba-Aji, fixed the date after the states were joined as co-plaintiffs and leave granted for consolidation of the case in the suit originally filed by the Kogi State Government through its Attorney General (AG).
The states that joined in the suit marked: SC/CV/178/2023 include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River and Niger.
The 16 states are relying on the fact that the Constitution is the supreme law and any law that is inconsistent with it is a nullity.
The plaintiffs argued that the Supreme Court, in Dr. Joseph Nwobike Vs Federal Republic of Nigeria, had held that it was a UN Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.
The argument was that, in bringing a convention into the Nigerian law, the provision of Section 12 must be complied with.
According to them, the provision of the Constitution necessitated the majority of the states’ Houses of Assembly agreeing to bringing the convention in before passing the EFCC Act and others, which was allegedly never done.
The argument of the states in their present suit, which had reportedly been corroborated by the Supreme Court in the previous case mentioned, is that the law, as enacted, could not be applied to states that never approved of it, in accordance with the provisions of the Nigerian constitution.
Hence, they argued that any institution so formed should be regarded as an illegal institution.
When the case was called on last week Tuesday, lawyers, who represented the states, made their submissions.
While majority sought to be joined as co-plaintiffs, two of the states prayed for an order for consolidation of the case.
Kogi State AG’s counsel, Abdulwahab Mohammed, SAN, informed the court that there were states that indicated interest in consolidation of the case and those seeking to be joined as co-plaintiffs.
“It is for this honourable court to tell us how to proceed my lord.
“Out of about 15 states, there are about 13 of them that have indicated interest to be co-plaintiffs and only two want consolidation.
“To make the task of the court easier, those who want to be joined as co-plaintiff should be joined and abide by the processes already filed and those who sought consolidation should be asked to file within seven days,” Mohammed said.
After the lawyers’ submissions, Justice Abba-Aji granted their prayers.
She adjourned the matter until Oct. 22 for hearing.
The Kogi State AG had, in the suit number: SC/CV/178/2023 sued the Attorney-General of the Federation (AGF) as sole defendant.
In the originating summons filed by a team of lawyers led by Prof .Musa Yakubu, SAN, the state raised six questions for determination and sought nine reliefs.
Among the reliefs sought are “A declaration that the Federal Government of Nigeria through the Nigerian Financial Intelligence Unit (NFIU) or any agency of the Federal Government lacks the power to issue any directive, guideline, advisory or any instrument howsoever called for the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogt State.
“A declaration that the Economic and Financial Crimes Commission (EFCC), the Nigerian Financial Intelligence Unit (NFIU) or any agency of the Federal Government of Nigeria cannot investigate, requisition documents, invite and or arrest anyone with respect to offences arising from or touching on the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogi State.”
The EFCC Establishment Act was first enacted in 2002 and amended in 2004.
The Act commissions the EFCC to combat economic and financial crimes, thereby enabling the Commission to prevent, investigate, prosecute and penalize economic and financial crimes.
In order to sanitize the system, the agency is also charged with the responsibility of executing the provisions of other laws and regulations that are related to economic and financial crimes. These laws as embedded in Section 7(2) of the Establishment Act 2004 are:
The Money Laundering Act of 1995;
The Money Laundering (Prohibition) act 2004.
The Advance Fee Fraud and Other Fraud Related Offences Act 1995.
The Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Act 1994.
The Banks and other Financial Institutions Act 1991; Miscellaneous Offences Act, 1985; The Criminal Code and the Penal Code and the Terrorism Act, 201.
To Bello and his co-travellers, the act that established EFCC is not supported by their state houses of assembly and so therefore the anti graft agency should not operate in their state.
Bello should be reminded that this same law and the anti graft agency made former Delta State Governor, James Ibori leave the country after he was declared wanted.
With all the allegations against Ibori and his antics to beat the law, he was forced to serve his jail term abroad.
Bello should also be reminded of the former governor of Bayelsa State, Diepreye Alamieyeseigha who ran away from the country to escape from the long hands of law cum EFCC.
He eventually served his jail term even though he was pardon by former President Goodluck Jonathan. Bello can only run, he will face the law.
Kunle Awosiyan is seasoned journalist and columnist
