Jittery Govs and Ex-Govs Can’t Challenge EFCC’s Probe into Criminal Acts – Clarke

Legal expert Robert Clarke asserts that nervous current and former governors lack the legal grounds to challenge the EFCC’s investigations into criminal activities, emphasizing the commission’s mandate to fight corruption.

Robert Clarke, an elder statesman and Senior Advocate of Nigeria (SAN), argues that the “anxious” governors and their predecessors who are questioning the legality of the Economic and Financial Crimes Commission (EFCC) are not on solid footing.

Clarke stated that governors, along with their predecessors, “do not have the authority to contest the Federal Government’s enforcement of an existing law. They cannot oppose the police or any other governmental agency like the EFCC for carrying out a current law.”

The veteran attorney appeared as a guest on the Politics Today program on Channels Television on Wednesday.

Sixteen states have taken the EFCC and the Nigerian Financial Intelligence Unit (NFIU) to the Supreme Court, challenging whether the laws that established these two agencies are constitutional.

The Kogi State Government, along with 15 other states, filed the suit. A seven-member judicial panel headed by Justice Uwani Abba-Aji has scheduled a hearing for October 22, 2024.

Clarke stated that the validity of the laws establishing these two agencies can be contested by the governors. “As governors, they have a legal right to present before the Supreme Court any action challenging a law that contradicts the Constitution,” he remarked.

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If you examine the background of how these laws have been applied, you’ll notice that many high-profile cases—though I don’t use ‘notorious’ in a negative sense—involve sitting governors or those who are no longer in office. As such, it’s understandable why they might feel anxious about this matter seemingly targeting them. However, I do not share that perspective.

“If there is any aspect of that law conflicting with the constitution, they should inform us. However, if no current law prohibits the Federal Government from enacting legislation regarding governors’ criminal actions during their time in office, I question whether their approach is appropriate.”

They are unable to challenge the Federal Government for enforcing an existing law, nor can they contest actions by the police or any other government agency that is carrying out a current law.

“They are trying to challenge a law that was established at the inception of our current legal system.”

The EFCC is presently prosecuting Yahaya Bello, the former governor of Kogi State, for alleged money laundering involving N80.2 billion. The current governor, Usman Ododo, faces accusations of protecting his predecessor from being apprehended by the anti-corruption agency.

Informal or Unofficial Courts?

The senior advocate also stated that the judiciary needs to exercise great caution when dealing with conflicting court judgments.

It’s quite unfortunate that I’ve noticed how electoral matters constantly appear on television, being judged by one court in Sokoto regarding actions in Shagamu and similar situations.

“If we aren’t cautious in Nigeria today, there is a risk of turning our courts into Kangaroo courts. When courts at the same level issue conflicting judgments and then a higher court delivers yet another verdict, it creates confusion often amplified on television. This leaves ordinary people struggling to understand what the judiciary is saying, putting us on precarious ground,” Clarke warned. “We must proceed with utmost care.”