Top Stories
Court okays EFCC ’s power to freeze suspicious accounts
Published
9 years agoon
By
The NationThe Court of Appeal in Abuja has affirmed the power of the Economic and Financial Crimes Commission ( EFCC ) has the power to freeze suspicious accounts.
The court said the anti-graft agency can direct banks to suspend operation of accounts suspected to have been used for criminal activities, or any account of into which slush funds and proceeds of crime have been deposited.
The court, however, said such a directive by the EFCC to banks must be followed by an order of a court for interim freezing, which it must obtain from a competent court, to enable it conduct investigation to ascertain the origin of the funds.
The appellate court said these in a unanimous judgment by its three-man panel on an appeal by Messrs A. R. Security Solutions Limited, which challenged the refusal by a Federal High Court in Abuja to vacate an interim freezing order earlier granted against it.
Justice Binta Nyako of the Federal High Court, Abuja had on January 25, 2016, granted an ex-parte application by the EFCC for, among others, an interim freezing order on A. R. Security accounts with Heritage Bank.
R Security applied to the court to have the order set aside, a request Justice Nyako, in a ruling on April 22, 2016, refused, prompting the company to approach the appellate court.
Justice Mohammed Mustapha, who prepared the lead judgment of the appellate court, resolved the sole issue raised for determination against the appellant.
The issue was whether the trial court was right to have held that the EFCC could obtain an order of court to temporarily freeze the appellant’s account, once the account is the subject of investigation.
Justice Mustapha said while the EFCC was empowered, under sections 28 and 29 of its establishment Act to trace, attach and apply for interim freezing order on such suspicious accounts, the court, under Section 44(2)(k) of the Constitution, was empowered to grant such interim injunction.
He said: “The respondent ( EFCC ) clearly bears the burden of establishing that there is a prima facie evidence that the property in issue is liable to be forfeited on account of its being proceed of crime.
“That burden is discharged once there is an arrest for an offence under the Act ( EFCC Act), and the respondent traces the assets and attaches the property of the accused person acquired as a result of economic and financial crimes. That done, the respondent is entitled to an interim attachment order by the court.”
Justice Mustapha agreed with the appellant that the EFCC must show that the origin of the suspicious funds is illegal.
He added: “If bank accounts have to be investigated with any degree of success for the purpose of tracing criminality in transactions, how else can that be done without exercising some degree of control over the account?
“It stands to logic and common sense that any serious investigation of criminality in a bank account has to first and foremost start with taking control of the bank account or at least putting restraints on the account; anything short of that will be quixotic, because funds in the account investigated will simply take a flight. That is the logic behind sections 28 and 29 of the Act.
“Prima facie proof starts, for the purpose of the Act, with arrest of the accused person for financial and economic crimes, which now denotes, at this stage, that the monies in the account are likely proceeds of crimes, and therefore, liable to forfeiture, thus necessitating the grant of the interim order.
“It is for these reasons that the money in the accounts is fair game, because that attachment and proper investigation of such accounts will assist the respondent (EFCC) in prosecuting the accused successfully or consequently lead to the discharge of the order, depending on how the investigation goes.
“The need for credible evidence, showing the money to be proceeds of crime, underscores the necessity for the respondent’s mandate to ‘immediately trace and attach’ the property.”
He added that the grant of the interim order by the court was to enable the EFCC conduct a holistic investigation on the account to enable it establish whether or not the origin of the funds in the affected account was illegal.
“It has to be pointed out that ultimately, it is for the same reason that the grant of interim order becomes necessary, as it explains the necessity for the respondent to have, not only access, but control of the account, by having it frozen, anything else might end up being pyrrhic for the respondent,” Justice Mustapha said.
Other members of the panel – Justices Abubakar Datti Yahaya and Tani Yusuf Hassan – agreed with the lead judgment a copy of which was seen by The Nation.
Related
You may like
-
$40,000 non-declaration: Supreme Court dismisses Lamido’s son’s appeal
-
Photos: EFCC busts ‘herbalists’, recovers $3.43m, €280,000 fake cash in Osun, Lagos
-
Peace Corps Commandant, Director Arraigned over Alleged ₦60m Contract Fund Misuse
-
EFCC Arraigns Ex-Minister Ngige Over Alleged ₦2bn Contract Fraud
Politics
Ex-Oyo deputy governor Adeyemo sworn in as APC chair, rallies support for Tinubu
Published
10 hours agoon
March 6, 2026By
adminA former Deputy Governor of Oyo State, Chief Moses Alake Adeyemo, has been sworn in as the Chairman of the Oyo State chapter of the All Progressives Congress (APC), urging members of the party to rally support for President Bola Tinubu ahead of the 2027 general elections.
Adeyemo formally assumed office on Friday following the inauguration of the newly elected State Executive Committee members who will manage the affairs of the party in the state for the next four years.
The inauguration ceremony, held at the party’s State Secretariat in Oke-Ado, Ibadan, marked the climax of the party’s 2026 congresses in the state.
The South-West Zonal Legal Adviser of the APC, Kolawole Majaro, administered the oath of office on Adeyemo and 35 other members of the State Executive Committee.
The executives had emerged through a consensus arrangement during the March 3, 2026 state congress held at the Obafemi Awolowo Stadium, Ibadan, under the supervision of a committee led by Amos Gombi from the APC National Secretariat in Abuja.
In his acceptance speech, Adeyemo described his emergence as a renewed call to service, pledging to strengthen the party and sustain unity among members.
He appreciated party leaders within and outside the state for ensuring a smooth and successful congress process.
Adeyemo also commended members of the Local Organising Committee, particularly Fatai Ibikunle and Afeez Bolaji Repete, for their contributions to the success of the exercise.
He said, “This new State Executive Committee under my leadership is being put in place to add value and strengthen our great party in view of the challenges ahead.
“We have used the opportunity of the congresses to showcase our collective commitment to unity and harmony as progressives and democrats.”
The new chairman expressed optimism that the atmosphere of peace within the party would be sustained ahead of future party primaries and the 2027 elections.
According to him, the party’s target is to secure 90 per cent of the votes in Oyo State for President Tinubu while also reclaiming the state’s Government House in 2027.
Adeyemo praised the President’s leadership, saying the administration was delivering on its promises.
“President Tinubu is, no doubt, performing beyond our expectations and the best way to appreciate his good work is to retain him in Aso Rock until 2031,” he said.
“Against all odds, the President is pursuing his Renewed Hope Agenda with vigour and passion, while the positive results are being felt across sectors of the economy and national life.”
Other members of the newly inaugurated executive include Taofeek Lamidi as Deputy Chairman, Fatai Adesina as State Secretary, Adekemi Opatunde as Woman Leader, Olawale Sadare as Publicity Secretary, Olalekan Oladejo as Youth Leader, and Remi Adepoju as Organising Secretary.
Also inaugurated were Ajiboye Akinsanya as Treasurer, Sunday Aborisade as Legal Adviser, Tinuade Adigun as Auditor, Lukman Owonikoko as Assistant State Secretary, Fatimah Hassan as Deputy Woman Leader, and Jimoh Osundara as the Leader of Persons Living With Disabilities, among others.
Related
News
Kano Assembly Moves to Impeach Deputy Governor Gwarzo Over ₦1.6bn Alleged Fraud
Published
1 day agoon
March 5, 2026By
adminThe Kano State House of Assembly has initiated impeachment proceedings against Deputy Governor Aminu Abdussalam Gwarzo over allegations of gross misconduct, abuse of office, and breach of public trust.
The notice was presented yesterday during plenary by the Majority Leader, Lawan Hussaini Dala, who said the action follows Section 188 of the 1999 Constitution of the Federal Republic of Nigeria.
Dala said the allegations stem from Abdussalam’s tenure as Commissioner for Local Government (2023–2024) and his current role as deputy governor. He accused the deputy governor of diverting funds meant for the 44 local government councils.
According to the majority leader, Abdussalam allegedly received N1.5 million monthly from each council between June 2023 and January 2024, totaling N462 million. Between February and July 2024, he allegedly collected N3.255 million monthly from each council under the guise of special assignments, amounting to N726 million.
Dala also accused the deputy governor of abuse of office, claiming he facilitated payments of N10 million from each council to NovoMed Pharmaceuticals Limited, totaling N440 million, in violation of state procurement laws.
“The misuse of official capacity to confer undue advantage constitutes abuse of power and undermines public trust,” Dala told lawmakers, adding that the allegations amount to gross misconduct under the Constitution.
The impeachment notice was reportedly endorsed by 38 lawmakers, meeting the constitutional threshold to proceed. The Speaker has acknowledged receipt, and the House is expected to serve the allegations on the deputy governor.
If approved, a panel may be constituted by the state Chief Judge to investigate the claims.
As of filing, Abdussalam had yet to respond publicly to the allegations.
Related
Politics
2027: Sen. Dickson Dumps PDP, Joins Newly Registered NDC
Published
1 day agoon
March 5, 2026By
adminThe Senator representing Bayelsa West, Seriake Dickson, on Thursday announced his resignation from the Peoples Democratic Party (PDP), declaring that he had joined the newly registered Nigeria Democratic Congress (NDC).
Dickson, a former governor of Bayelsa State, made the announcement during a media briefing in Abuja, attributing his decision to what he described as irreconcilable differences within the PDP.
The lawmaker said the emergence of the NDC would strengthen Nigeria’s democratic system by providing a credible opposition platform.
According to him, the party recently received its certificate of registration from the Independent National Electoral Commission.
He said, “Last week INEC issued a certificate of registration and we now have the newest party in Nigeria known as the Nigeria Democratic Congress and our symbol is victory, the victory sign.
“So, my dear Nigerians, you now have a credible alternative opposition party known as the Nigeria Democratic Congress.”
Dickson noted that although the party’s registration took longer than expected, its eventual approval was a welcome development for the country’s democratic landscape.
“Yes, it is coming at this time. We would have wished it started some years or months back. We don’t control INEC and their processes; they delayed. We don’t also control the judiciary, but thank God it has finally arrived,” he said.
The senator also stressed that Nigeria’s democracy must not slide into a one-party system, insisting that political diversity remained vital for national stability.
“This nation cannot be a one-party state. Nigeria cannot be a one-party state. Nigeria is not designed to be a one-party state.
“We are a very diverse nation culturally, religiously and politically and that is the beauty of our country.
“So anyone or any party promoting one-party rule in Nigeria is mistaken. We build political parties and get involved in movements to access power for the good of the people, not for our personal benefit,” he added.
Meanwhile, the Independent National Electoral Commission recently announced the registration of two new political parties.
The parties are the Democratic Leadership Alliance and the Nigeria Democratic Congress, bringing the total number of registered political parties in Nigeria to 21.
The announcement was made by the INEC Chairman, Prof. Joash Amupitan, during the commission’s first quarterly consultative meeting with political party stakeholders for 2026.
According to him, the Democratic Leadership Alliance completed the required verification process, while the Nigeria Democratic Congress was registered in compliance with a Federal High Court order.
Related
Advertisement
Entertainment
Adekunle Gold, Simi welcome twins
Ayefele drops new album, Reflections
Reggae Legend, Jimmy Cliff, Dies At 81
Photos: Davido blows $3.7m on lavish Miami white wedding for Chioma
FAAN probes K1 for spilling alcohol on airport officer during boarding
Odunlade Adekola loses father
MegaIcon Magazine Facebook Page
MEGAICON TV
Advertisement
Trending
-
Politics3 days agoIbarapa East Assembly Hopeful, Ramon Congratulates Ajiboye, Says Emergence Good for Oyo APC
-
Politics1 week agoMakinde: My Successor Must Be Loyal to Oyo, Not Me
-
Politics3 days ago2027: Former Oyo Deputy Governor Adeyemo Emerges APC Chairman (See Full List)
-
News2 days agoNERC orders DisCos to refund ₦20.33bn meter costs to customers