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Protests: Falana visits injured victims of alleged police attack

Activist-lawyer, Femi Falana (SAN), yesterday condemned the use of teargas by the police on protesters during last week’s demonstration against alleged illegal demolitions and forced evictions in the Makoko waterfront area of Lagos.

He described the police action as unconstitutional, dangerous and a violation of citizens’ fundamental rights.

He spoke with journalists during a visit to the Lagos State University Teaching Hospital (LASUTH), where some of the injured protesters are receiving medical treatment.

Briefing Falana on the condition of one of the victims, a burns and plastic nurse, Mr. Adedeji Hassan, said Mrs. Kafayat Muftaudeen, who sustained a severe leg injury, was being discharged but would continue treatment through regular wound dressing and weekly hospital visits ahead of surgery.

He explained that she was fit to return home and would visit the hospital weekly for dressing until the wound healed, after which she would undergo skin grafting.

“When the wound is fully healed, she will come back for skin grafting. We will take skin from another part of her body to cover the defect,” Hassan said.

Hassan added that Mrs. Muftaudeen was being discharged with her medications and would be monitored by a medical colleague living near her residence.

“Some people recover better at home, in an environment they are used to,” he said.

He also disclosed that another protester, Mr. Ajayi, who sustained injuries during the protest, had been discharged. Ajayi was the individual whose injuries were shown in footage aired by CNN.

Read Also: Police urge NLC to shelve Tuesday’s planned protest

Falana argued that the Nigerian Constitution clearly guarantees freedom of expression and freedom of assembly, stressing that the police had no legal justification for attacking the protesters.

“My position is that the Constitution of Nigeria has guaranteed freedom of expression and freedom of assembly,” he said.

He recalled the decision of the Court of Appeal in All Nigeria Peoples Party (ANPP) v. Inspector-General of Police, which affirmed the right of Nigerians to protest peacefully and directed the National Assembly to enact laws to protect that right.

According to him, those protections were reinforced by the Police Establishment Act.

Falana said: “The Police Establishment Act provides that those who want to protest are only required to notify the police.

“Once the police command is notified, adequate security must be provided.”

He said the organisers of the Makoko protest complied with the law by notifying the police in advance and were escorted peacefully from the Ikeja Under Bridge to the Alausa Secretariat.

“From Ikeja Under Bridge up to Alausa, the protesters marched peacefully without disturbing anybody,” he said.

Falana said the situation changed when no government official came out to receive a letter addressed to the Lagos State Governor.

“The protesters sang some songs which the police considered offensive, and at that stage decided, at very close range, to teargas the protesters,” he said.

He expressed concern over the nature of the injuries sustained by some demonstrators, describing them as unusual.

“The injury I’ve seen is not normal. I’ve taken part in protests in this country for over 40 years.”

I’ve never seen a situation where a teargas canister would pierce somebody’s skin to that level,” Falana said.

He suggested that expired teargas canisters may have been used during the operation.

Falana stressed that singing abusive or vulgar songs does not constitute a criminal offence under Nigerian law.

“It is not the law in Nigeria that you will be brutalised for singing abusive songs,” he said.

He cited a Court of Appeal decision which held that public officers must tolerate criticism in a democratic society.

“If a public officer is too sensitive or irascible, the court advised that he should cover his ears with cotton wool,” Falana said.

He rejected claims that protesters require police permission before demonstrating, describing such a requirement as a relic of colonialism.

“You do not need a police permit to protest. All the law requires is notification, and the police are duty-bound to provide security,” he said.

Falana said the essence of protest is to draw attention to grievances.

“If you confine protesters to a corner, how would the government know that people are protesting?” he asked.

He expressed hope that lessons would be learnt from the incident, warning against the erosion of constitutional rights.

The protest was organised by activists Comrade Hassan Taiwo, popularly known as Soweto, and Mr. Dele Frank, to demand an end to demolition exercises affecting waterfront communities.

The demonstration was intended to draw the attention of the Lagos State Government to what organisers described as illegal demolitions and forced evictions. However, the protest later turned violent after police fired teargas at demonstrators, leaving several people injured and drawing condemnation from human rights groups.

February 3, 2026
Falana faults moves to have Ekweremadu complete prison sentence in Nigeria

Human rights lawyer, Femi Falana (SAN) has faulted the Federal Government’s plan to have former Deputy President of the Senate, Ike Ekweremadu, serve the remainder of his prison sentence in Nigeria.

Ekweremadu is presently serving a prison sentence in the UK over a case of organ harvesting.

He questioned the rationale behind the decision, wondering why the government failed to intervene in the other 232 Nigerians serving in British prisons.

Fanala spoke on Thursday in Abuja at the opening of Legal Year of Faculty of Law, University of Abuja. The event was organised by the Law Students Association of Nigeria (LAWSAN), UNIABUJA Chapter.

Promising to take up the issue, the legal practitioner also questioned the prisoner exchange programme, arguing that there is no British citizen currently serving in Nigerian jail.

Speaking on the face-off between the Minister of the Federal Capital Territory, Nyesom Wike (FCT) and naval officer, A. M. Yerima, on a property belonging to an ex-Chief of Naval Staff, the learned silk faulted both parties for taking the laws into their hands.

While saying that the Minister was lucky not to have been shot during his confrontation with the soldier, the senior lawyer, however, stressed that both parties erred in law.

He stated that although Wike was carrying out his statutory responsibilities as enshrined in Section 11 of the Land Use Act, his failure to exercise emotional intelligence and his use of derogatory language toward the military officer gave him out.

He cited a case in Ghana where a minister had to apologize for making uncomplimentary remarks about a taxi driver, emphasizing the importance of dignity and respect.

Read Also: Falana: better emergency response would have saved Aremu

“On no ground should a Minister force himself and abuse the military officer. No Minister has the power to call any Nigerian a fool. Mr President should compel the Minister to apologise. He was lucky he was not shot.

“The military officer contravened the law by preventing the Minister from doing his legal duty. The officer engaged in illegal duty to guide the land of a private person. So when he said he was acting on superior orders, those orders are illegal. But the Minister went off track. Even the President can’t call any Nigerian a fool”, Falana said.

He said Nigerians are impressed that even in the heat of provocation, the officer did not lose his patience.

Speaking on the theme, ‘Litigation as a bloodline of justice: Building the next generation of advocate’, he urged the law students to leverage technology, expressing satisfaction that courts across West Africa are increasingly adopting virtual hearings and electronic filing of court processes.

He also tasked them to take more than a passing interest in the affairs of the country.

The event also witnessed the conferment of Senior Advocate of the Masses on the renowned human rights lawyer, which he dedicated to indigent Nigerians.

Also speaking, the Dean, Faculty of Law, University of Abuja, Prof. Uwakwe Abugu, commended the organisers for creating a platform that bridges the gap between legal theory and practice.

Prof. Abugu noted that the forum provides an opportunity for aspiring lawyers to interact with seasoned practitioners, thereby enhancing their understanding of the dynamics of legal advocacy in contemporary society.

He urged the students to imbibe discipline, integrity, and continuous learning, stressing that the future of the legal profession depends on their commitment to upholding justice and ethical standards, a sentiment shared by the Senior Special Assistant to the President for National Assembly Matters (House of Representatives), Ibrahim Olanrewaju.

November 15, 2025
Falana faults Oyo Govt’s alleged disobedience to Court judgement on NURTW proscription

Following continuous disobedience to Court of Appeal judgment that declared proscription and suspension of activities of the National Union of Road Transport Workers (NURTW) in Oyo State as illegal, Counsel to NURTW, Mrs Funmi Falana, has faulted Attorney-General and Commissioner for Justice, Barr. Abiodun Aikomo for allegedly misrepresenting the judgment of the Appellate Court.

Falana’s position was contained in the letter addressed to Aikomo following the latter’s alleged misrepresentation of the appellate court’s judgment.

Oyo NURTW Chairman, Abideen Olajide popularly called Ejiogbe over the weekend, expressed the union’s readiness to resume work any moment now.

Ejogbe, while expressing his members’ readiness to resumes duties at motor parks, also allayed fears of the State Government and residents by declaring that “the NURTW under his watch is a law-abiding group that doesn’t mind co-existing with the Motor Parks Mangers that are collecting revenues for both the State and Local Governments while its own responsibilities lie with that of its members statewide.”

The NURTW Counsel in her letter to Aikomo said the State Government neither has power to proscribe nor suspend the activities of the NURTW was explicit and without any ambiguity in the Court judgement.

She warned the Oyo State Government against acts of contempt and deliberate disobedience of a subsisting judgment of the Court of Appeal, which set aside the suspension of the union’s activities in motor parks and garages across the state.

Falana faulted the State Government’s interpretation of the appellate court’s decision, accusing it of substituting its own views for the express and binding pronouncements of the Court of Appeal.

The letter, which was also copied to the Oyo State Commissioner of Police and the State Director of the Department of State Services (DSS), warned that any further refusal to comply with the judgment could lead to contempt proceedings against the Attorney-General and possible disciplinary action before the Legal Practitioners Disciplinary Committee.

According to Falana, the Court of Appeal’s judgment in Suit No: CA/IB/263/2022 – National Union of Road Transport Workers v. Governor of Oyo State & 3 Ors., delivered earlier this year, expressly nullified the suspension imposed by Governor Seyi Makinde on the activities of the NURTW in the state, including the collection of check-off dues at motor parks and garages.

According to her in the letter, a copy of which was sighted by newsmen: “It is unfortunate that you have substituted your views for the judgment of the Court of Appeal without any legal basis. In other words, the Court of Appeal never held that NURTW remains suspended from collecting dues from motor parks and garages in the state.

“In view of the clear and unambiguous judgment of the Court of Appeal, you will agree with us that the purported suspension of the activities of the NURTW by Governor Seyi Makinde, including the collection of check-off dues in the parks and garages, has been set aside by the Court.”

Falana further reminded the Attorney-General of the constitutional duty to uphold and enforce appellate court decisions pursuant to Section 287(2) of the 1999 Constitution (as amended), which provides that “the decision of the Court of Appeal shall be enforced in any part of the federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Court of Appeal.”

The legal practitioner cautioned that failure to obey the appellate court’s ruling would attract serious legal consequences.

“If you are not prepared to comply with the judgment of the Court of Appeal, we shall not hesitate to initiate contempt proceedings against you and report you to the Legal Practitioners Disciplinary Committee for encouraging your clients to treat the judgment of the Court of Appeal with provocative contempt,” she warned.

The dispute between the Oyo State Government and the NURTW dates back to June 6, 2011, when the State Government under former Governor Abiola Ajimobi proscribed the union.

The proscription was subsequently challenged at the federal high court, Ibadan, in suit No: FHC/IB/CS/30/12 (Alhaji Lateef Akinsola & Ors v. Governor of Oyo State).

On May 25, 2012, the Federal High Court declared the proscription of NURTW illegal, unconstitutional, null and void, setting aside the order.

Despite that judgment, on May 19, 2019, Governor Seyi Makinde announced the suspension of the NURTW from collecting check-off dues from parks and garages across Oyo state, a move the union later described as another unlawful interference with its lawful activities.

The NURTW challenged the decision before the National Industrial Court (NICN) in Suit No: NICN/IB/41/2021 (National Union of Road Transport Workers v. Governor of Oyo state & Ors). On March 23, 2022, the NICN dismissed the union’s suit, holding that the suspension of its activities in parks did not amount to proscription or de-registration.

The NURTW subsequently appealed to the Court of Appeal, Ibadan Division, which, after reviewing the facts, overturned the decision of the National Industrial Court and ruled in favour of the union.

In the lead judgment, the Court of Appeal held that the Oyo State government failed to justify the suspension of the union’s operations on any lawful ground. The appellate court noted that, “Apart from the mere allegations of breach of peace and intimidation of the citizens by the appellant, nowhere did the Respondents depose to any particular incident or specific conduct of the members of the appellant which occasioned a breach peace, law and order to warrant the suspension of their operations in the state.

The court therefore hold that the respondents failed to justify the suspension of the activities of the appellant based on the ground of breach of peace, law and order in Oyo state caused by the appellant. The appellate court therefore allowed the appeal, set aside the suspension on the operations of the appellant in Oyo state and also set aside the judgment of the lower court.”

In a concurring decision, well delivered by, His Lordship, Sir Biobele George-Will, JCA, the appellate court emphatically, decided that the governor lacked any statutory authority to suspend the operations of a registered trade union.

He declared: “The issue here is whether there is any law that authorized, enabled and empowered the 1st respondent to suspend the activities of the appellant, and the answer is a resounding NO! The 1st respondent has no such powers outside the provisions of the law of the land and none of such laws was brought to our attention by the learned Attorney-General of Oyo state.”

Justice George-Will added that rather than unlawfully suspend the union, the governor should have relied on the police to maintain law and order if any breaches occurred.

Mrs. Falana further emphasised that the continued refusal of the Oyo state government to reinstate the NURTW’s lawful operations contravenes the constitution and undermines the sanctity of the judiciary.

She however urged the Attorney-General to immediately advise the governor to comply fully with the appellate court’s decision to restore the NURTW’s activities and rights in Oyo state or risk contempt proceedings.

October 27, 2025
Falana: better emergency response would have saved Aremu
- Activists pay tributes to JAF Secretary
Human rights lawyer, Femi Falana (SAN), yesterday deplored the poor state of emergency response in Nigeria.

He said veteran activist, Comrade Fidelista Abiodun Aremu, who was knocked down by a hit-and-run driver with only one functioning headlight, would have lived with a better response system.

Aremu was the National Secretary of the Joint Action Front (JAF).

Falana spoke during a Day of Tribute organised in honour of Aremu, who died on October 12 in Lagos.

He noted that the deceased was hit at night by a car that was mistaken for a motorcycle due to its single headlight, adding that he was confirmed dead shortly after getting to the hospital.

Falana condemned ‘systemic failure’ and lack of emergency response capacity in the country.

He vowed that the hit-and-run driver would be apprehended and prosecuted.

“Our system is so broken that when someone is hit by a car, the first response is to demand a police report instead of saving a life. Drivers often flee for fear of mob justice. This is a failure of governance,” he said.

The human rights lawyer said the police began investigations into the incident after activists wrote a petition to the Commissioner of Police.

While paying tribute to Aremu, Falana described him as a selfless comrade who dedicated his life to the struggle for social justice and equality.

“Like Mandela, the struggle was his life and he dedicated his entire life to it,” he said.

He recounted how the deceased remained committed to the movement even after suffering a stroke, calling to discuss the struggle just three days before his death.

Read Also: Falana proposes political solution to Kanu’s detention

President of the Academic Staff Union of Universities (ASUU), Prof. Chris Piwuna, described the deceased as a man of courage and conviction.

Piwuna recalled their last conversation.

“Just two weeks before we declared an ultimatum to embark on action against this government and its policies, he called me out of the blue. I hadn’t heard from him in a long while.

“He asked what plans we had, and I told him we were about to declare a strike.

“He said to me, ‘Chris, any time you decide to take an action, just give me a call. I will be ready.’ That was about six weeks ago, not knowing it would be the last time we would speak.”

The ASUU Chief noted that Aremu had stood firmly with ASUU throughout its struggles over the years, recalling how he once offered to travel to Turkey to bring back union trustee, Dipo Fashina, when he was stranded.

He assured the late activist’s family that the union would continue to honour his memory and support initiatives that promote his legacy.

President of the Committee for the Defence of Human Rights (CDHR), Debo Adeniran, described the late activist as a pillar of Nigeria’s civil society movement.

He said there is hardly any organisation that stands today without his contributions.

Adeniran stated that Aremu worked relentlessly to bridge ideological divides within the movement, fostering unity between comrades of different leanings.

“There’s hardly any civil society organisation surviving in this country without the hand of Aremson in it. He is the epitome of tolerance. He never saw himself as superior to others because of his clarity of ideology,” he added.

Other activists described Aremu as a man who rejected personal wealth to fight for a just and egalitarian society.
October 23, 2025
Falana proposes political solution to Kanu’s detention
- Activist-lawyer lauds Otti’s achievements in Abia
Activist-lawyer, Mr. Femi Falana (SAN), has said the detention of the leader of proscribed Independent People of Biafra (IPOB), Nnamdi Kanu, should be resolved out of court.

The popular lawyer described Kanu’s case as a political matter and that it should be sorted out outside the courtroom.

Falana spoke in Umuahia, the Abia State capital, while addressing reporters during a visit to Governor Alex Otti.

“I cannot comment on pending proceedings. You understand me? Like you said, the case was in court today (Wednesday), but I believe that it is a matter that should be sorted out outside the courtroom.

“For me, it’s a political case. And if you have a situation where some governments are negotiating with bandits or other criminal elements, there can be no basis for not having that matter resolved politically,” he said.

Falana applauded the various landmark achievements of Abia State Governor Alex Otti in just two years and a few months in office.

The lawyer said he was in the state to defend a client and decided to visit the governor before his appearance in court.

Falana, who said he was familiar with the affairs of Abia State since 1999, praised Otti for providing good roads, schools, hospitals and other infrastructure across the state.

Read Also: Return recovered N32.7b, $445,000 loot to NSIP, Falana urges Fed Govt

The lawyer said he had seen signs of good governance more than ever before, in the state.

“I’m familiar with the entire country. I’m familiar with the affairs of Abia State. I’ve been coming here since the inauguration of the civilian government, since 1999.

“I can say without any fear of contradiction that I’ve seen signs of governance, which were not there before. I’ve seen evidence of physical development.

“I’ve gone around. I’ve seen good roads, I’ve seen good schools, and hospitals. I am very confident that the governor can do much more than he has done. He owes some of us a duty to ensure that he does not disappoint.

“I’ve also spoken to people. It’s not enough to go around and see physical development without finding out from the people how they are faring. I’ve heard very positive comments from the people,” he said.

Falana announced that part of his discussions with Otti was how to intensify his efforts and ensure that the people remain the centrepiece of the administration.

The lawyer stressed that the people must benefit from the dividends of democracy.

Commenting on the ongoing judicial reforms, the activist-lawyer regretted the lack of access to justice for the common man and made a case for the promotion of alternative dispute resolution.

According to him, justice is only accessible to politicians and the elites in Nigeria.

“Right now, we have a lot of access to justice by the politicians. Only their cases move in court because political cases are time-bound.

“Other cases, for me, must be time-bound. People make the mistake of saying that the judiciary is the last hope of the common man. The common man has no means to go to court. The judiciary is the last hope of the elite.

“So, if you want the ordinary people to benefit from the judicial system, you must promote alternative dispute resolution. The majority of our people do not go to the Western courts. They patronise traditional rulers and community leaders to resolve problems.

“So, the governments of our country, including that of Abia State, must also reform the customary courts and palaces of traditional rulers, where our people have daily access to resolve their disputes.

“If people have confidence in their community leaders to dispense justice, we must promote such fora.

“I would call on the governments of Nigeria to pay more attention to the traditional judicial system. It’s not enough to satisfy the elite.”
October 10, 2025
Falana seeks trial of suspect over murder of varsity student

Activist lawyer, Femi Falana (SAN) has urged the Attorney-General of Lagos State, Mr. Lawal Pedro (SAN) to fast-track the prosecution of a suspect. 2023, Benjamin Best Nnayereugo (aka Kilaboi).

Falana said this has become necessary having confirmed that the Lagos State Criminal Investigation Department has completed an investigation into the cold murder of Miss Augusta Onuwabhagbe, a 21-year-old undergraduate of Lead City University, Ibadan, Oyo State.

Falana, in a statement commended the Attorney General of the Federation (AGF), Inspector General of Police (IGP) and the Interpol for the extradition of the murder suspect, Benjamin Best Nnayereugo Alias Kilaboi from Qatar.

READ ALSO: Atiku’s metamorphosis

Benjamin Best Nnayereugo was alleged to have brutally murdered his girlfriend, Miss Augusta Onuwabhagbe on July 13, 2023.

After the heinous act, the suspect escaped and left the country ”but we have continued to track him with a view to having him brought to Nigeria and prosecuted for murder,” Falana said.

The cause of justice would surely be served by the confirmation that Benjamin was extradited from Qatar to Nigeria on Saturday through the combined efforts of the offices of the Attorney-General of the Federation, the Inspector General of Police and the International Police National Central Bureau.

“We thank the government of Nigeria for collaborating with our law firm in the successful extradition of the murder suspect.

“We are particularly indebted to the mother of the deceased, Mrs Okonye Cordelia Nneji, who furnished us with vital information on the movements of the suspect since he escaped from Nigeria two years ago. This is a challenge to all Nigerians to always pursue the cause of justice in order to end impunity in the country”, he said.

April 22, 2025
Falana seeks pardon for inmate sentenced to death over N1,750 robbery

Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has appealed to the Ekiti State Attorney-General and Commissioner for Justice, Mr. Dayo Apata, (SAN), for grant of clemency for one Olayinka Afolalu, who has been in prison custody for 23 years.

Afolalu was arrested on April 27, 2002, in Ilawe Ekiti and charged with two counts of armed robbery.

In the charge, the convict was accused of robbing one Idowu Fanikun of N225.00, while in the second charge, the convict accused of robbing Mercy Ogunshakiu of N1,750.00 using offensive weapons.

The Ado-Ekiti High Court acquitted him of the first count but found him guilty of the second charge and consequently sentenced him to death.

The convict’s appeals to the Court of Appeal and the Supreme Court were dismissed.

In 2015, former Governor Ayodele Fayose commuted Afolalu’s death sentence to life imprisonment, citing his commendable behaviour while incarcerated at the Kirikiri Maximum Security Correctional Centre.

Falana, in his plea, noted that despite Afolalu’s conviction, reports confirm that he has maintained a clean record in custody and had gone ahead to acquire vocational skills thus positioning him as a potential contributor to society if granted freedom.

According to independent findings by The Nation, Afolalu has acquired proficiency in paint making and painting through his participation in the skill acquisition training programme organised by Anchor Heritage Empowerment Initiative. He has also acquired vocational skill in tie and dye textile making.

To satisfy his urge for knowledge acquisition, Afolalu wrote his Ordinary Level (O/L) exam in prison and passed. He went ahead to acquire the National Certificate of Education (NCE) from Yewa Central College of Education, Ayetoro Road and majored in Economics and Social Studies. Currently, Afolalu is going to 200 level, studying Theology at the National Open University, Nigeria Maximum Security Correctional Service Special Study Centre, Kirikiri. Afolalu had also participated in Joy Bringers Foundation Character Training School which he completed with distinction.

The learned silk, in the letter dated January 22, 2025 and addressed to the Attorney-General, said the robbery incident, which occurred over two decades ago, did not involve physical harm to the victim.

Read Also: Rivers Rep faults Falana’s interpretation of Supreme Court ruling on 27 assembly members

He asserted that Afolalu’s accomplices evaded arrest and were never declared wanted by law enforcement agents.

Falana stated that the convict has demonstrated good behaviour in lawful prison custody and had gone ahead to acquire special skills that would be useful to the society.

Falana, in the letter, said his firm had been requested by Olayinka Afolalu in the Kirikiri Maximum Security Correctional Centre to draw the attention of the Prerogative of Mercy Committee under his “able leadership to his (Afolalu) plight with a view to recommending him to the Governor of Ekiti State for full pardon”.

“The humble request of Olayinka Afolalu for full pardon is predicated on the following facts: Olayinka Afolalu was arrested on April 27, 2002 at Ilawe Ekiti and arraigned on a two-count charge of armed robbery before the Ado Ekiti High Court.

“The first charge was that he robbed one Idowu Fanikun (F) of the sum of N225.00 and the second charge was that he robbed one Mercy Ogunshakiu (F) of the sum of N1,750.00 while armed with offensive weapons.

“The police alleged that the three other members of the robbery gang escaped but they were never declared wanted.

“At the conclusion of the trial, the learned trial Judge found Mr. Afolalu not guilty of the first count of the charge and accordingly discharged and acquitted him.

“As for the second count of the charge, the learned trial Judge convicted him and sentenced him to death. His appeal to the Court of Appeal and Supreme Court against his conviction and sentence were dismissed.”

February 18, 2025
Falana decries presence of two speakers in Rivers Assembly

Activist lawyer, Femi Falana (SAN), has said the presence of two speakers in the Rivers State House of Assembly is unacceptable and must be rejected.

Falana spoke yesterday in Lagos at the 21st memorial lecture of the late legal luminary, Chief Gani Fawehimi, at the Orunmila Hall of the Lagos Airport Hotel in Ikeja.

Read Also: Amaewhule-led Rivers Assembly blasts Fubara for presenting budget to three lawmakers

The pro-Wike group in the state Assembly is being led by Martins Amaewhule as speaker, while the legislators loyal to Governor Simmelayi Fubara have Victor Jumbo as Speaker.

Falana said such a situation should not be allowed to persist.

January 16, 2025
Falana faults Agbakoba’s positionon constitutionality of EFCC
- Lawyer to ex-NBA president: your position based on legal sophistry not substance
Lagos lawyer, Mr. Femi Falana (SAN), has expressed disagreement with a former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN), over the constitutionality of the Economic and Financial Crimes Commission (EFCC).

Agbakoba recently wrote a letter to the National Assembly in which he had described the EFCC as “an unlawful organisation” because it was allegedly “unconstitutionally established”.

The ex-NBA president contended that the power under which EFCC was established was beyond the powers of the National Assembly.

In a letter yesterday to House of Representatives Speaker Tajudeen Abbas, Mr. Falana said: “The Supreme Court has consistently supported the efforts of the ICPC and EFCC in fighting the misma of monumental corruption in the country.”

Alluding to Agbakoba’s letter, dated October 14 and titled: Re: Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-corruption Efforts, Falana said: “Even though he did not refer to any particular case, Dr. Agbakoba said that the Supreme Court has knocked the EFCC on many occasions.”

He also noted that the argument of Dr. Agbakoba was anchored on the premise that the establishment law of the EFCC has violated the basic tenets of federalism.

The activist-lawyer urged members of the National Assembly to take advantage of the ongoing constitutional review to end the diversionary debate about the validity of the EFCC Act and ICPC Act by entrenching both commissions into the constitution.

“In other words, if both commissions are constitutionalised, they will be protected and strengthened to fight the menace of corruption and money laundering,” he said.

To support his position, Falana recalled the case of the Attorney-General of Ondo State v Attorney-General of the Federation & Ors (2022) 27 WRN 1.

He said: “The plaintiff (Ondo State government) had challenged the constitutional validity of the establishment of the Independent Corrupt Practices and Other Offences Commission Act, 2000. The Attorney-General of Ondo State was the plaintiff while the Attorney-General of the Federation and the Attorneys-General of 35 states were the defendants.

“In that case, the late Professor Ben Nwabueze and Dr. Agbakoba were the amici curiae while I was privileged to have represented one of the defendants.

“It is on record that several defendants and the amici curiae had argued profusely that the ICPC Act was unconstitutional in every material particular. Both amici curiae urged the court to annul the ICPC Act.

“Upon a critical analysis of the submissions of all counsel including the amicus curiae, the apex court upheld the constitutional validity of the ICPC Act.

“In the leading judgment of the court delivered by Uwais CJN (as he then was) it was held that the National Assembly ‘has the sole power for the establishment and regulation of authorities for the federation or any part thereof so as to promote and enforce the observance of the nation’s responsibility to abolish all corrupt practices and abuse of power which fall under the Fundamental Objectives and Directive Principles of State Policy in Section 15(5)’ of the 1999 CFRN.

“If this is a breach of the principles of federalism, then, I am afraid, it is the Constitution that makes provisions that have facilitated breach of the principles. As far as the aberration is supported by the provisions of the Constitution, I think it cannot rightly be argued that an illegality has occurred by the failure of the Constitution to adhere to the cardinal principles which are at best ideals to follow or guidance for an ideal situation.

“…The provisions of Section 13 thereof apply to ‘all organs of government and all authorities and persons exercising legislative, executive or judicial powers’. The provisions do not distinguish between federal, state or local governments. Again the provisions of Section 14 subsection (4) specifically apply to the ‘government of a state’, a local government council or any agencies of such government or council, and the conduct of the affairs of the government or council or such agencies.” See Olafisoye v. FRN (2004) 4 NWLR (Pt. 864) 580.

“Even though we cannot comment on the merit of the case of Attorney-General of Abia State & 15 Ors v Attorney-General of the Federation pending at the Supreme Court of Nigeria, it is pertinent to refer the members of the National Assembly to the case of Attorney-General of Abia State v Attorney-General of Federation (2024) LPELR -62576 (SC).

“In that case, the plaintiff had argued that the power of the EFCC to prosecute financial crimes did not extend to the management of the accounts of Abia State government. The plaintiff then sought ‘declarations, including a perpetual injunction, toggf prevent the EFCC from taking any such actions, including the freezing of its bank accounts’.

Read Also: Protest: IGP holds virtual meeting with Falana, Adegboruwa, others

“The defendant (AGF) filed a preliminary objection to the effect that it had been incorrectly sued, because the EFCC was an independent body outside its lawful management and control.

“In upholding the preliminary objection of the defendants, the Supreme Court held that the facts of the case did not disclose any dispute between the plaintiff and the defendants within the meaning of section 232(1) of the Constitution and that there was no complaint against the first defendant (AGF) as representing the Federal Government as all the complaints were against the EFCC.”

Falana said the Supreme Court consequently struck out the case but held that “the plaintiff is at liberty to sue the EFCC, but not in the Supreme Court as the EFCC is neither a State nor the Federation”.

Falana stated that to date, no State Government has followed the advice of the apex court by filing a suit to challenge the constitutionality of the EFCC Act in a court of competent jurisdiction.

He recalled that a number of former governors have continued to question the locus standi of the EFCC to arrest, investigate and prosecute them for the criminal diversion of public funds belonging to state governments.

“For instance, in the case of Nyame vs Federal Republic of Nigeria (2010) 3 SC (Pt.1) 78, the Supreme Court held inter alia:

“Sections 6 (m) and 46 of the Economic and Financial Crimes Commission (Establishment) Act vest in EFCC the function and duty of investigating and prosecuting persons reasonably suspected to have committed economic and financial crimes.

“For a person to rush to court to place a clog or shield against criminal investigation and prosecution is a clear interference with the powers given by law and the Constitution to EFCC in the conduct of criminal investigation and prosecution.

“In view of the duty imposed on the State by section 15(5) of the Constitution to ‘abolish all corrupt practices and abuse of power,’ the Supreme Court has held in the case of Shema Vs Federal Republic of Nigeria (2018) 9 NWLR (PT. 1624) 337 @ 398 that ‘In the co-operative federalism practiced in Nigeria, the EFCC is a common agency empowered to investigate and prosecute offenders for both the Federal and state economic and financial crimes and as such it qualifies as ‘any other authority or person’ empowered by section 211 (1) (b) of the Constitution to institute or initiate criminal proceedings. EFCC is the coordinating agency for the enforcement of the provisions of any other law or regulation on economic and financial crimes, including the Criminal Code and Penal Code. The Commission has powers under section 13 (2) of the EFCC Act to prosecute offences so long as they are financial crimes.’

“Instead of ensuring that the EFCC, ICPC and Code of Conduct Bureau serve as “common agencies” of the people of Nigeria in combating the misma of monumental corruption in the country, some state governments have a penchant for terminating grave economies and financial crimes by filing vnolle prosequi applications.

“Others usually rush to either State High Court or Federal High Court to procure frivolous court injunctions to frustrate the prosecution of serving public officers and thereby making a mockery of public accountability and transparency in government,” Falana noted.

Also, a lawyer and former member of the House of Representatives, Kayode Oladele, has Dr. Agbakoba on the legal status of the EFCC.

He described it as “legal sophistry”.

In a rejoinder to Agbakoba’s position on the EFCC, Oladele said: “It is pertinent to state that the Economic and Financial Crimes Commission (EFCC) is a Nigerian law enforcement agency established to investigate and prosecute economic and financial crimes, such as advance fee fraud, money laundering and misapplication and misappropriation of public funds.

“With due respect, Agbakoba SAN’s position is more of legal sophistry rather than legal substance. His position does not represent the correct position of the law as it runs contrary to the long-settled position of the law as handed down by the superior courts of law including the Apex Court in Nigeria.

“It is settled law that Nigeria operates a co-operative federalism as opposed to dualist federalism and under co-operative federalism as practiced in Nigeria, some agencies are common agencies for both the Federal and State Government.”

The lawyer posited that Agbakoba’s position did not have any legal backing “and therefore unsupportable in law and practice”.

He added: “Indeed, the EFCC is a common agency for both the Federal and State Economic and Financial Crimes, and as such, it qualifies as ‘any other authority’ to institute criminal proceedings under section 174(1)(b) and section 211(1)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended). “Again, these statutory provisions have been given judicial considerations by the Supreme Court and the Court of Appeal, in line with my position and contrary to Mr. Agbakoba’s views or submissions on this issue.

“EFCC is expressly conferred with powers under sections 6(m), 9(2) and 13(2) of EFCC (Est.) Act to initiate criminal proceedings in any court in Nigeria for any offence bordering on economic and financial crimes, even under the Penal Code.

“The EFCC cannot, therefore, be faulted for initiating the instant charge in the name of Federal Republic of Nigeria.

“This is because the Federal Government of Nigeria is not synonymous with the Federation of Nigeria, or the Federal Republic of Nigeria.”
October 18, 2024
Falana supports judgement

Human rights activist, Mr. Femi Falana, has expressed his support for the Supreme Court judgement on local government autonomy.

Speaking during an interview on Channels TV’s programme, Sunrise Daily, he said the judgement was not meant to strip the state governments of its influence on the LGAs, but rather, would promote accountability at the grassroots level.

According to the human rights lawyer: “A lot depends on the Nigerian people because right now, it is difficult to talk about the autonomy of the local government. The state’s electoral commissions are manned by appointees of the state governors.

“And what they have done over the years is to manipulate the local government elections in a way that only the candidates of the ruling parties would be declared the winners.

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“Now, local governments would be expected to fix some schools, tar some roads, and even pay some workers. So, it is not that state governments will no longer participate in the affairs of the local governments…the state governments should create state economic councils and allow the local government to participate in them, just like they are part of the federal economic council.

“The judgment has to be studied by the governors so that everybody will appreciate that what the Supreme Court has done is to promote public accountability at the grassroots levels.”

July 13, 2024