Supreme Court

By Uzair Adam 

The Supreme Court of Nigeria has dismissed a suit filed by Kogi State and 18 other states seeking to invalidate the operations of the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and Other Related Offences Commission (ICPC), and Nigerian Financial Intelligence Unit (NFIU).

In a unanimous decision delivered on Friday by a seven-member panel led by Justice Uwani Abba-Aji, the apex court ruled that the EFCC Establishment Act of 2002 did not require ratification by state Houses of Assembly. 

The court emphasized that the Act was a federal law enacted by the National Assembly, which holds the constitutional power to legislate on such matters.

The plaintiffs, through their Attorneys General, had argued that the EFCC was created without compliance with Section 12 of the 1999 Constitution, which they claimed mandated the approval of state Houses of Assembly. 

They asserted that the EFCC Establishment Act originated from an international convention and should have been subjected to a domestication process involving the states.

Rejecting these claims, the Supreme Court held that the National Assembly acted within its legislative competence in creating the EFCC. 

The court further noted that the EFCC Act, along with other anti-corruption laws, is binding on all states, as it does not conflict with the Constitution.

The Federal Government, represented by the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, had urged the court to dismiss the suit, describing it as a challenge to the country’s anti-corruption framework. 

Fagbemi argued that the EFCC and related agencies were validly established under Section 15(5) of the 1999 Constitution, which mandates the state to abolish corrupt practices and financial crimes.

The ruling affirms the legal standing of the EFCC, ICPC, and NFIU as critical agencies in Nigeria’s fight against corruption and financial crimes.

By Uzair Adam 

The Supreme Court of Nigeria has reserved judgment on a lawsuit challenging the legality of the Economic and Financial Crimes Commission (EFCC). 

The case, initially brought by Kogi State, questions the validity of the EFCC’s operations.

The Daily Reality learned that three states—Anambra, Adamawa, and Ebonyi—withdrew from the lawsuit during Tuesday’s hearing. 

The states’ attorneys general notified the court of their decision to withdraw, citing notices filed on October 14 and 20.

Osun State applied to consolidate its own grievance against the EFCC with Kogi State’s suit.

The EFCC was established in 2002 by President Olusegun Obasanjo’s administration. 

However, the plaintiff states argue that the National Assembly did not follow the necessary constitutional provisions, specifically Section 12 of the 1999 Constitution.

The states contend that the EFCC’s operations are illegal, as the majority of state houses of assembly did not approve them. 

They argue that any agency formed under the Act should be considered illegal.

The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, countered that the EFCC was validly established. 

He urged the court to dismiss the case, emphasizing the far-reaching implications of ruling favouring the plaintiffs.

After hearing arguments from both sides, the Supreme Court panel, led by Justice Uwani Abba-Aji, reserved judgment until a later date.

By Sabiu Abdullahi

The Supreme Court on Friday, August 23, dismissed the appeal filed by the Peoples Democratic Party (PDP) and its gubernatorial candidate, Samuel Anyawu, challenging the outcome of the Imo State governorship election. 

A unanimous judgement delivered by a five-member panel of the court, led by Justice Mohammed Baba Idris, found the appeal to be without merit, thereby affirming the original election result. 

This ruling brings the legal battle over the Imo State governorship election to a close, providing clarity and finality to the political landscape of the state.

By Uzair Adam Imam

The Supreme Court has reserved judgment in a suit filed by the Federal Government against the 36 state governors over the alleged misconduct in the administration of Local Government Areas.

The Federal Government is seeking full autonomy for local government areas and wants an order to stop governors from dissolving democratically elected local government leaders.

The government also wants funds meant for local governments to be channelled directly to them from the federation account, instead of the joint accounts created by governors.

The suit argues that the constitution recognizes federal, state, and local governments as three tiers of government, and that the failure of governors to put in place democratically elected local government systems is a deliberate subversion of the constitution.

The Federal Government claims that it is not obligated to pay funds to states that do not have democratically elected local government systems in place.

The Supreme Court’s judgment will determine the fate of local government administration in Nigeria and the extent of autonomy they will enjoy.

By Zayyad I. Muhammad 

The legal battle for the Adamawa governorship seat has come to an end with the Supreme Court’s judgement of January 10th and 31st, 2024, with Governor Ahmadu Umaru Fintiri triumphant over both the Social Democratic Party (SDP) candidate, Dr Umar Ardo, and the All Progressive Congress (APC) candidate, Aishatu Dahiru Binani.

The fabric of Adamawa peace was never shaken, like when the suspended Adamawa INEC Residents Electoral Commissioner (REC), Barrister Ari Hudu, unilaterally, based on a mutilated ordinary paper with jotted results, announced Aishatu Binani as the winner of the April 15th, 2023, gubernatorial rerun election. However, two factors prevented a social disorder in Adamawa state:  the incumbent governor, Ahmadu Fintiri, maintained composure and calmness and acted responsibly, and the public refrained from being provoked. Additionally, well-meaning stakeholders advocated for peace and urged for the correct procedures and processes to be followed.

Moreover, the Supreme Court has now condemned Hudu’s actions, labelling them as irresponsible and criminal. In response, Governor Ahmadu Umaru Fintiri has expressed his government’s intention to prosecute Hudu’s associates.

Now that Governor Fintiri has solidified his legal authority over his mandate, the focus will automatically shift towards governance rather than politics. This entails continuing to implement policies, deliver on campaign promises, address the people’s needs, and ensure the efficient administration of the state.

The political landscape in Adamawa has shifted significantly from its previous trajectory. Since 2003, the state has been characterised by a divide between “Abuja politicians” and “home politicians.” Governors have often found themselves distracted by the so-called “Abuja politicians,” whose political survival and pocket interests rely on fostering fabricated or genuine disagreements between the sitting governor and individuals holding positions at the centre.

Now that Governor Fintiri is having no fights or disagreements with anyone. He is enjoying a harmonious relationship with key figures in Abuja, such as the NSA, Nuhu Ribadu, and Minister of Education Tahir Mamman, as well as several APC stakeholders. The time has come to put an end to any efforts to sow discord and unnecessary distractions.

Additionally, all PDP stakeholders stood steadfastly with Governor Fintiri throughout the election period and the prolonged legal battles. Notable figures include PDP state chairman Barr A. T. Shehu, State Organising Secretary Hamza Madagali, Deputy National Treasurer Adamu Kamale, and stakeholders like Alh Musa Garba, Stephen Maduwa, Buba Shafani, and many more. On the government side, the Deputy Governor, SSG, and Chief of Staff demonstrated exemplary leadership in supporting the administration’s success in new frontiers.

With the Supreme Court’s verdict, it’s now time for development in Adamawa. Over the next three years and four months, Governor Fintiri will focus on governance to sustain progress in infrastructure and human capital and maintain a peaceful environment. Meanwhile, for Senator Aisha Binani, it’s an opportunity for reflection on her hirthetor’s good public image that brought her to where she is and to ‘clean’ her politics from the stains of Hudu’s irresponsible and criminal actions as labelled by the Supreme Court.

Zayyad I. Muhammad writes from Abuja via zaymohd@yahoo.com.

By Uzair Adam Imam 

The Supreme Court is scheduled to deliver its judgement this Friday on an appeal seeking to nullify the election of Governor Inuwa Yahaya of Gombe State. 

The Peoples Democratic Party (PDP) and its candidate, Mohammed Barde, are urging the court to overturn the decisions of the Court of Appeal and the Gombe State Governorship Election Petition Tribunal, which had dismissed their case challenging Governor Yahaya’s victory in the March 18, 2023, gubernatorial poll. 

The five-member apex court panel, led by Justice Kudirat Kekere-Ekun, approved the case for judgment after all parties presented their briefs of argument. 

Additionally, the court dismissed an appeal against Governor Yahaya’s election by the African Democratic Congress (ADC) candidate, Nafiu Bala, who withdrew the case upon realising it contained pre-election issues. 

In a related matter, the court also deferred judgement on the Kaduna state governorship election dispute, where the PDP and its candidate, Mohammed Ashiru, seek the removal of Governor Uba Sani, an All Progressives Congress (APC) member.

By Mansur Hassan, PhD.

The executive governor of Kano state, His Excellency Abba Kabir Yusuf, made a triumphant return to Kano in grand style after the Supreme Court affirmed his position as the duly elected governor.

The air in Kano was filled with excitement as millions of residents gathered yesterday to welcome their leader to the commercial city centre.

His Excellency embarked on the journey from Kaduna at 9 am, and despite the approximately 13-hour journey, he arrived at Filin Mahaha Kofar Na’isa in Kano state by 10 pm. The extensive duration was attributed to the massive crowds that lined the streets, eager to catch a glimpse of their beloved governor.

The overwhelming love demonstrated by the people of Kano towards Governor Abba Kabir Yusuf serves as a powerful testament to the justice upheld by the Supreme Court. This judicial affirmation not only solidifies democracy but also underscores the importance of respecting the choices made by the masses.

Notably, President Bola Ahmad Tinubu hailed Governor Abba Kabir Yusuf as a hero, acknowledging his steadfastness and reaction during the previous judgements of the tribunal and the Court of Appeal. The governor’s resilience in the face of challenges has earned him widespread admiration.

As Governor Abba Kabir Yusuf begins his tenure, we express our heartfelt wishes for a successful term and the continued implementation of pro-masses policies that uplift the welfare of the people of Kano state.

In extending our wishes, we also hope for good health and wisdom for Senator Dr. Rabi’u Musa Kwankwaso, the grand commander of the Kwankwasiyya movement. May his guidance contribute to the betterment of the state and the nation as a whole.

Dr. Mansur Hassan is a Senior Lecturer in the Department of Mathematics, Yusuf Maitama Sule University Kano

 By Uzair Adam Imam 

The Supreme Court has overturned the earlier decision of the Court of Appeal Abuja, which deemed the Zamfara governorship election inconclusive.  

Hon. Justice Emmanuel Agim, delivering the lead decision, criticized the lower court’s judgment as “perverse and lacking evidential foundation.” 

The verdict brings a sense of affirmation to Governor Lawal, who expressed his delight in a statement released by his spokesperson, Sulaiman Bala Idris.  

Lawal sees the Supreme Court’s decision as a reflection of the people’s desire for positive development and progress in Zamfara. 

Governor Lawal stated the importance of unity and collaboration for achieving sustainable development in the state.

He stated, “I am thrilled to have received affirmation of my election by the Supreme Court today. This verdict will boost our morale in fulfilling our campaign promises.” 

The governor sees the victory as a collective decision made by the people of Zamfara during the governorship election held in March last year.  

He urged all residents, including opposition parties, to unite and work together to rebuild and restore the state. Lawal highlighted his administration’s commitment to liberate Zamfara from the shackles of poor governance.  

He called on stakeholders to actively collaborate, stating that the success of their collective efforts depends on unity and cooperation.

By Sabiu Abdullahi

President Bola Tinubu has in a letter sought confirmation of the Senate for the appointment of 11 justices to the Supreme Court.

The letter, addressed to Senate President Godswill Akpabio, was read during Wednesday’s plenary session. 

President Tinubu cited Section 231(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as the legal basis for the appointment.

The nominated justices for confirmation and subsequent appointment to the nation’s apex court include Justices Jummai Sankey, Stephen Adah, Mohammed Idris, and Haruna Tsammani. 

Additionally, the list comprises Jamilu Tukur, Abubakar Umar, Chidiebere Uwa, Chioma Nwosu-Iheme, Obande Ogbuinya, Moore Adumein, and Habeeb Abiru.

The Senate is expected to deliberate on the nominations and conduct confirmation hearings in adherence to constitutional procedures.

By Ahmad Deedat Zakari 

The Nigerian Supreme Court has ordered the continuation of the trial of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), on terrorism charges. 

The apex court ruled that the defendant should not be released on bail and also ordered the continuation of his trial.  

A five-member panel of the Supreme Court, led by Justice Kudirat Kekere-Ekun, declared that Kanu’s forcible repatriation from Kenya to Nigeria is illegal. 

However, the court, in the lead judgement prepared by Tijjani Abubakar, ruled that there is no Nigerian law that prohibits the use of “illegally obtained evidence for the trial of a defendant.” 

The lead judgement of the Supreme Court was prepared by Mr. Abubakar but read on his behalf by Emmanuel Agim. 

“The Court of Appeal was wrong to say that the Federal High Court can no longer try Mr Kanu,” the court held. 

“The appeal is allowed and the cross-appeal is dismissed.” 

In the unanimous decision, the Supreme Court said Mr Kanu’s forcible repatriation from Kenya in June 2021 by the Nigerian government did not rob the trial court of jurisdiction to entertain the IPOB leader’s trial. 

“Our law is that evidence illegality obtained is valid before the court. A violation of Mr Kanu’s right should have been by way of civil proceedings. That is not our law for now,” Mr Abubakar declared. 

He also ruled that there is no legislation in Nigeria that provides that trials should stop where the prosecution does something illegal against the defendant while standing trial.

The judgement also implies an effective reversal of the previous decision of the Court of Appeal ordering the release of Mr Kanu from detention.