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Govs, Ex-Govs Challenging EFCC’s Legality Jittery — Clarke

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Elder statesman and Senior Advocate of Nigeria (SAN), Robert Clarke, says “jittery” governors and their predecessors challenging the legality of the Economic and Financial Crimes Commission (EFCC) are not treading the correct grounds.

Clarke said governors and their predecessors “cannot challenge the Federal Government for implementing an existing law. They cannot challenge the police or any other agency of government (EFCC) for executing an existing law”.

The senior lawyer was a guest on Channels Television’s Politics Today programme on Wednesday.

Sixteen states have dragged the EFCC and the Nigerian Financial Intelligence Unit (NFIU) to the Supreme Court contesting the constitutionality of the laws establishing the two agencies.

The suit was instituted by the Kogi State Government and 15 other states. A seven-man panel of justice led by Justice Uwani Abba-Aji has fixed October 22, 2024, to hear the suit.

Clarke said the legitimacy or otherwise of the laws that created the two agencies could be challenged by the governors but he doubted that the correctness of the move by the plaintiffs. “They have a legal right as governors to bring before the Supreme Court an action that challenges a law that is repugnant to the Constitution,” he said.

“If you look at the antecedents of the operations of these laws. Many of the very notorious (cases), I will not use the word notorious derogatorily, have been involving sitting governors, governors that are out of office, and therefore, they have every right to be jittery that this matter is mainly created for the governors’ bubbles but I do not see to that point.

“If there is anything in that law that runs against the constitution, they should let us know. But if there is no law today that says the Federal Government cannot pass a law relating to criminal acts of governors during their period of executive work, then I doubt whether they are treading the correct grounds.

“They cannot challenge the Federal Government for implementing an existing law. They cannot challenge the police or any other agency of government that is executing an existing law.

“This law they are trying to challenge is a law that was created at the start of our laws as of today.”

The EFCC is currently prosecuting the immediate-past governor of Kogi State, Yahaya Bello over alleged N80.2bn money laundering. The incumbent governor, Usman Ododo, has been accused of shielding his predecessor from arrest by the anti-graft agency.

The senior advocate also said the judiciary must be very careful about conflicting court judgments.

“It is very unfortunate. I have discovered that the question of the interpretation of electoral matters is always on television being judged by one court in Sokoto against an act in Shagamu and all these things.

“If we are not careful in Nigeria today, we will turn our courts into Kangaroo courts because if courts of coordinate jurisdiction give judgments at variance with each other, and the superior court gives another judgment and we make all these issues on television, whereby the ordinary man or woman does not even what the courts are saying, we are treading on very dangerous grounds. We have to be very careful,” Clarke said.

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Nigeria’s Economy Still Facing Crisis, CBN Admits

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The Governor of the Central Bank of Nigeria (CBN) Yemi Cardoso has acknowledged that Nigeria remains in a financial and economic crisis, a situation inherited by the current CBN administration.

Speaking at the 14th Annual Bankers’ Committee Retreat in Abuja, Cardoso explained that the role of the bankers’ committee remains critical towards addressing the challenge as well as reflating the economy.

The CBN boss said that the nation faces challenges in how to address poverty, rising inflation, infrastructure deficits, insecurity, and unemployment, among others.

He called on members of the bankers’ committee to reflect on the past year’s challenges and devise actionable tools to address them effectively.

On his part, the Special Adviser to the President on Economic Affairs Tope Fasua expressed concerns over excess charges by point of sale operators (PoS) while calling on the apex bank as well as deposit money banks to make cash available at all ATM points.

The three-day event brings together key players in the banking sector and has the theme “Contract and Commitment to National Development and Economic Growth”.

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Alleged Mass Killings: NHRC Demands Justice For Victims

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A member of the NHRC Governing Council, Kemi Okonyedo, speaks in Abuja on December 6, 2024 at the presentation of the report from the investigative panel on human rights violations in counter-insurgency operations in the North-East, to the army.


The National Human Rights Commission (NHRC) has demanded justice and accountability for civilian victims who were allegedly killed by operatives of the Nigerian Army in the Abisari community in Borno state.

A member of the NHRC Governing Council, Kemi Okonyedo, made the demand at the presentation of the report from the investigative panel on human rights violations in counter-insurgency operations in the North-East, to the army.

The report had vindicated the military of forced systemic abortions administered on women but indicted them of intentionally killing civilians in the Abasari community

Okonyedo is demanding that those affected, be compensated.

“The killing of civilians in Abisari remains a grave violation that demands justice, accountability and immediate action,” she said.

“These are not abstract issues, they are real. Lives affected are real, families impacted exist, and communities impacted are still suffering and must be acknowledged and addressed.

“The recommendations of the panel provide a roadmap for addressing these violations, holding perpetrators accountable and ensuring that similar violations do not occur in the future.

“Among the panel’s key recommendations is compensation for the victims of the Abisari killings with the Federal Government ensuring that the families and communities affected are provided adequate reparations.”

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Prove Your Allegations Against Me, Afe Babalola Challenges Farotimi

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The founder of Afe Babalola University, Ado-Ekiti (ABUAD), Aare Afe Babalola, has said that human rights activist, Dele Farotimi, recently remanded by an Ekiti magistrate court, will be freed from prison if he proves the allegations levelled against him.

Farotimi alleged that Afe Babalola corrupted the judiciary system of the country in a book.

Addressing journalists in Ado-Ekiti, Afe Babalola, represented by the head of his legal team, Owoseni Ajayi, urged Nigerians to seek the truth before throwing their weight behind Farotimi.

“Is it wrong for Aare Afe Babalola to seek justice for these false utterances against him? Should justice only be available to Mr Dele Farotimi because Aare Afe Babalola is a global icon? Once Mr Dele Farotimi can show proof that his assertions in the book are true, then he will be free,” Owoseni said.

“Until then, the law allows free speech, but not one that is calculated to injure the good reputation of another.”

He urged, “Nigerians to verify and find out what the truth is first before picking a side,” saying “All facts are verifiable”.

On Tuesday, reports of Farotimi’s arrest made headlines across the nation. According to human rights lawyer Femi Falana, the activist was nabbed in Lagos State over an alleged criminal libel.

“I just confirmed that Mr. Dele Farotimi was arrested in Lagos today for alleged criminal libel,” he said in a Tuesday statement, calling for “Farotimi’s unconditional release from illegal custody”.

The arrest came hours after Farotimi claimed there were moves by some unnamed persons to silence him, taking to social media to raise the alarm over the development.

“At the station, I was presented with a petition written by a lawyer, accusing me of defamation,” he wrote in a Facebook post. “Despite finding the petition baseless, I addressed its content.”

On Wednesday, the police arraigned Farotimi but the defendant pleaded not guilty to all of the 16 counts levelled against him.

In his ruling, the presiding magistrate, Abayomi Adeosun, remanded the author in custody and adjourned till December 10, 2024.

His arrest has triggered debates in the country and beyond. The Nigerian Bar Association (NBA) has joined the calls for the release of the human rights lawyer.

“The NBA unequivocally condemns the invasion of Mr. Farotimi’s law firm, the harassment of its lawyers and staff, and the unlawful seizure of their phones. Such actions are not only a violation of the constitutional right to dignity and privacy but also an affront to the independence of the legal profession,” the NBA said in a statement by its president Afam Osigwe.

“We, therefore demand the immediate release of Dele Farotimi, as his arrest lacks any basis under the laws of Lagos State. The authorities must swiftly launch an investigation into the invasion of his law firm, with the findings made public and those responsible held accountable.”

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