Top Lawyer Criticizes Governors’ Suit Against EFCC And NFIU As Baseless

Top Lawyer Criticizes Governors’ Suit Against EFCC And NFIU As BaselessElder statesman and Senior Advocate of Nigeria (SAN), Robert Clarke, has criticized the governors and former governors who are challenging the authority of the Economic and Financial Crimes Commission (EFCC). During an appearance on Channels Television’s Politics Today program on Wednesday, Clarke stated that these officials lack a solid legal foundation for their claims.....KINDLY READ THE FULL STORY HERE▶

He explained that public officials cannot legally contest the Federal Government or its agencies for enforcing existing laws, including those related to criminal investigations by the EFCC. Sixteen states, led by the Kogi State Government, have taken legal action against the EFCC and the Nigerian Financial Intelligence Unit (NFIU) in the Supreme Court, questioning the constitutionality of the laws that established both agencies. A seven-member panel, headed by Justice Uwani Abba-Aji, is scheduled to hear the case on October 22, 2024.

Clarke acknowledged the right of governors to challenge laws they believe are unconstitutional but expressed doubts about the validity of their current lawsuit. “Governors have the right to contest laws that are repugnant to the Constitution. However, I question the merit of their claims in this instance,” he said.

He pointed out that the EFCC has historically prosecuted numerous sitting and former governors for corruption-related offenses, which may contribute to their apprehension regarding the agency’s authority. Nonetheless, Clarke emphasized that the laws under scrutiny were established at the foundation of Nigeria’s legal system and questioned the legal merit of the governors’ arguments. “If there’s a constitutional conflict, they should identify it. But if not, I believe they are on shaky ground,” he added.

Clarke also mentioned that former Kogi State Governor Yahaya Bello is currently facing charges of alleged money laundering amounting to N80.2 billion, with his successor, Usman Ododo, accused of obstructing the EFCC’s attempts to arrest Bello.

Additionally, Clarke cautioned the judiciary against issuing conflicting rulings in electoral matters, warning that such inconsistencies could undermine the credibility of the courts. “We risk turning our courts into Kangaroo courts if judgments continue to vary across jurisdictions,” he warned.

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