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[00:00:01] criminal diversion of public funds, whether
[00:00:04] elections are going to
[00:00:07] of take place tomorrow or in in 10 days time, that's what Nigerians
[00:00:11] may
[00:00:11] of have to review now, at what stage and
[00:00:15] DSCC and
[00:00:17] of ICPC or even the police, stop making arrest,
[00:00:21] stop, stopping, I mean,
[00:00:23] of stop, of
[00:00:24] you know, uh, investigating
[00:00:27] allegations of criminal diversion of... so and that is what
[00:00:31] has not been stated, but then nobody can say go
[00:00:35] and criple any state government, no agency
[00:00:39] of the government has the power to do it,
[00:00:41] of but mind you, again this is
[00:00:44] of where I blame state government, the
[00:00:46] EFCC, according to uh the Supreme
[00:00:50] Court is not
[00:00:53] of an agency
[00:00:54] of the federal government, it's an agency
[00:00:59] of of the federation and... to
[00:01:00] of the supreme court in a situation where we operate
[00:01:04] corporative federalism,
[00:01:08] these agencies are to be
[00:01:11] a controlled by the federal
[00:01:14] me state and local government, it's like the police powers
[00:01:17] instead
[00:01:18] of of controlling police powers in line with the
[00:01:22] provisions
[00:01:23] of the constitution by the president, the
[00:01:26] governors and the ig the governors.
[00:01:30] have
[00:01:32] of abdicated police powers told the president, they are now
[00:01:36] talking of state police, so we must look
[00:01:41] of at the powers of each agency
[00:01:43] of the government under the constitution, we must look at the
[00:01:47] me power of every agency
[00:01:49] me of the government created outside the constitution and found out at all
[00:01:53] time have they exceeded their powers, once you come to
[00:01:58] me the conclusion that they have not the... agency has not exceeded his
[00:02:01] power, if you don't
[00:02:03] want to amend the law to take care of
[00:02:07] oh elections are 10 days away, once elections are 10 days
[00:02:11] away,
[00:02:12] of this call, mean this
[00:02:13] in agency must not
[00:02:15] investigate allegations of criminal
[00:02:19] diversion or public f, until
[00:02:21] of you in do that, until you do that, it will be difficult to
[00:02:25] fort the EFCC in this
[00:02:28] instance. unless you can show, and I'm happy the
[00:02:32] ocean state government has gone to, unless it can be shown
[00:02:38] of of at the end of the day that there was no basis whatsoever for EFCC to have
[00:02:42] approached the call in this instant,
[00:02:45] then I will join those who are
[00:02:49] blaming the EFCC for exceeding his
[00:02:52] power, so Mr. Falano, the premise, the
[00:02:56] premise
[00:02:56] of the lawsuit, Mr. Falano
[00:02:58] of the State. government if you
[00:03:00] of have seen uh the uh their preaction notice uh
[00:03:04] suing and asking for two billion nara in damages
[00:03:08] and the arguing that the affected statutory allocation
[00:03:11] account in question is used to discharge government
[00:03:15] obligations and the restricting it could
[00:03:19] of affect salaries and public services the cited section
[00:03:22] 162
[00:03:23] of the constitution that establish the framework for
[00:03:27] of distribution of federation account
[00:03:29] a revenues even when there is reasonable suspicion of corruption, Mr.
[00:03:32] Falano, can federal
[00:03:34] of investigative
[00:03:35] of agency effectively emobilize the
[00:03:38] finances
[00:03:39] of of federating unit, almost enforcement been narrowly tailored to
[00:03:43] the particular transaction and beneficiaries under
[00:03:47] of suspicion, that's a big question from the point of view
[00:03:49] of the state and which needs to be answered so that
[00:03:53] the EFCC is not seen as an instrument of political witch on
[00:03:57] and bias.
[00:04:01] of these of arguments were
[00:04:04] aduced in the case of attorney general
[00:04:07] of many other and the attorney general
[00:04:11] of these argument
[00:04:14] all the totality
[00:04:15] of the argument of state government
[00:04:19] was first section
[00:04:20] of 162 of money already
[00:04:23] distributed no agency
[00:04:26] of the federal government can interfere in the management of
[00:04:30] the supreme court reviewed several cases and if you
[00:04:34] must know, when the ICPC
[00:04:37] in was established in the
[00:04:38] of year 2000, state government
[00:04:41] of challenge is legality and you have no business to arrest
[00:04:45] anybody in our state, you have no
[00:04:48] of business of to interfere or probe money we have received
[00:04:52] from Abuja, supreme
[00:04:53] court said no, that was in the year
[00:04:55] of 2002 when the case was decided in this case the
[00:04:59] supreme in 2024 reveal all the cases and
[00:05:02] rejected all the arguments
[00:05:05] of the state government, and for me,
[00:05:08] for me, if you are saying,
[00:05:12] "the order obtained by EFCC is likely to
[00:05:16] criple any activity or the activities the
[00:05:19] government, you rush to court, and that is why it was an
[00:05:23] interim order, the court will never give a permanent order in
[00:05:27] such a circumstance. serve the state government, let the state
[00:05:31] government come and show to the court, why this other will be
[00:05:34] retained, why the other will not be quiet, and that is what is
[00:05:38] done in line with the rule of law, so..."
[00:05:42] happilyy ashin state government has gone to call asking
[00:05:46] for damages of two billion i expect
[00:05:49] the ESCC to respond to the and it end of
[00:05:53] ESCC and state government and other state governments in
[00:05:56] Nigeria to have that case determined you
[00:06:00] know one way or the other so that DFCC
[00:06:03] and go to court
[00:06:06] this is the basis of our intervention the court will then
[00:06:10] look at it and say oh you acted properly,
[00:06:14] you didn't act properly. two billionaire should be awarded or should not be
[00:06:17] awarded, because the state government can in fact be penalized
[00:06:21] if there is no basis for the action.
[00:06:25] mr. falano, give a moment, we go a break, but when we
[00:06:29] return uh with this action the EFCC and the
[00:06:33] reaction from the president and the action that
[00:06:35] followed, the those who believe that the election of
[00:06:39] 2027 might be in the mix. and can be
[00:06:43] under threat, is that the case? guess tonight
[00:06:47] will be given insight when we return. join us
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[00:12:49] Thanks so much everyone for staying with us. Mr. Fran falan, human rights
[00:12:53] lawyer, advocate of Nigeria has been. speaking with us and the
[00:12:56] controversy and and issues raised with
[00:13:00] the freezing the bank account of oshin state, the
[00:13:03] lawsuit and president Balatinobu's intervention. Thank
[00:13:07] you, Mr. Fallanom, there those who are asking, thank
[00:13:11] you, where is that court order? In fact, there are
[00:13:14] suspicion that there may never be any court order, uh,
[00:13:18] the question is, does the EFCC even need a court order to
[00:13:21] freeze uh, a bank account of a state government? have
[00:13:25] you cited the uh the the court order, they say
[00:13:28] nobody has seen the court order, the state has not been served the
[00:13:32] court
[00:13:32] order,
[00:13:37] well uh, if an order is made against
[00:13:40] you, uh, you have the
[00:13:43] right, in fact the duty,
[00:13:47] to ensure that you get the
[00:13:50] order, um, the AFCC has a
[00:13:54] duty.
[00:13:56] 'to sa
[00:13:58] a certified through copy the order
[00:14:01] all the attorney general of
[00:14:05] washing state, state government has
[00:14:09] gone to court and also exper that the state government
[00:14:13] will have find out which court issued the order
[00:14:16] and then file an application to vacate the
[00:14:20] order, but with the advice uh
[00:14:24] the'. president or the directive the president, I expect that
[00:14:28] by now the EFCC is likely to have applied to the
[00:14:32] courd to have the order vacated, that's my
[00:14:36] understanding, state is demanding, the court
[00:14:39] believe to serve belief or to have served the processes
[00:14:43] on the state government, but if they have not been sub and having regard to the
[00:14:47] public nature of this matter, the attorney general of state I'm
[00:14:51] sure will also have taken step to obtain uh
[00:14:55] the processes uh, do you agree for those
[00:14:59] who are criticizing to say the advisor
[00:15:03] or whoever advise president tunubu to interven gooft,
[00:15:06] and this this was a political
[00:15:09] error,
[00:15:14] i think the president is a politician, he
[00:15:17] acted politically, i'm i'm a
[00:15:21] lawyer and i'm speaking '
[00:15:26] legally, in other words, I will have
[00:15:29] prefer the president or to have, I
[00:15:32] mean advise the attorney general to do the
[00:15:36] needful. the circumstance have regard to the
[00:15:39] embarrassment complain by the president so that and i
[00:15:43] think lessons are being drawn and land on our
[00:15:47] side and she must
[00:15:50] perhaps look at what is going on in the united
[00:15:53] states of america uh every action
[00:15:57] of president trump is challenged even
[00:16:01] today the court of appeal has just rule that he has no
[00:16:05] business to modify. the white house
[00:16:09] to suit his own,
[00:16:10] you know, prejudices, I
[00:16:13] mean, you, you don't, you president
[00:16:16] Trump, without the intervention the courts in
[00:16:19] America, President Trump will have turn that country into
[00:16:23] a banana republic, and what we are saying here is
[00:16:26] that the president, the EFCC, the
[00:16:30] office the attorney general and all agencies and public
[00:16:34] officers in Nigeria, must endeavor.
[00:16:38] that all
[00:16:39] their actions and street compliance with
[00:16:43] the rule of law, particularly the
[00:16:46] reason, the reason why,
[00:16:49] and political actions
[00:16:53] in governance have implications, optical
[00:16:57] implication for sure,
[00:17:00] inferences that could be made, and you know the politics
[00:17:03] of even what the president did not say, they will say the president
[00:17:07] president has said it because they know there is a president and
[00:17:11] there are establishment, agencies of government,
[00:17:15] organizations that operate at the federal level that
[00:17:18] should act as independent, the those who
[00:17:22] say yes, good intention to not to
[00:17:25] subject or to turn a state into a banana republic or raise
[00:17:29] more violence in the state, the president intent is well
[00:17:33] appreciated, but the handling is ill
[00:17:36] advised. and the those who will say, look, there are other agencies who
[00:17:40] should be acting independently, who now, lot of
[00:17:44] people will be sounding suspicion, and even international
[00:17:48] community will say, not every action taken by the
[00:17:52] EFCC now will be seen from the optics of politics, and why
[00:17:56] did the EFCC wait until 10 days before election for
[00:17:59] investigation that they say started in March, what were they
[00:18:03] looking at, why did they wait this long?
[00:18:09] if they are claiming that between 2nd of august
[00:18:12] and two days ago movement of
[00:18:16] money in that particular account became
[00:18:19] suspicious, they rushed to court, the court
[00:18:22] interven, the duty, the b is now
[00:18:26] in the court of state gover to come to court, my
[00:18:30] lord we withdraw this funds because there were
[00:18:33] emergencies, we're fixing
[00:18:37] road we to pay contractors and we didn't withdraw the
[00:18:41] money for elections, because
[00:18:45] you are not the conducting the
[00:18:48] election, and so if there are
[00:18:51] logistics that will be involved in the
[00:18:54] election, you you have to convince the court,
[00:18:58] but you see, i think we need to look
[00:19:02] at our agencies and see how we can
[00:19:05] strengthen them. so that they
[00:19:09] can discharge their duties in the interest the
[00:19:12] country and not to suit and not in the interest
[00:19:16] the government in power, and that is the essence
[00:19:20] of buuru democracy that
[00:19:23] institutions will act,
[00:19:27] whether the president is happy or
[00:19:29] not, and again as I
[00:19:33] said, that is point being made in America, so
[00:19:36] President, Trump who believes he can do and undo, he can
[00:19:40] do anything, he's been told by the court
[00:19:44] regularly, regularly, you have no
[00:19:48] powers, your executive
[00:19:51] powers, executive forters are
[00:19:54] illegal, not once, not twice, over 150 court
[00:19:58] orders in the last three years or
[00:20:02] there about, so we must also get to that stage in our
[00:20:05] country where we strengthen the EFCC,
[00:20:09] the ICPC, the NFIU, the Nigerian police force
[00:20:13] and other a way that they will act
[00:20:16] always in the interest the public,
[00:20:20] whether the elections are 24 hours, away
[00:20:24] or 36 hours or 10 days or one month, we must
[00:20:27] ensure that nobody takes
[00:20:30] advantage the
[00:20:34] circumstances in which a state might find itself or... even the
[00:20:37] federal government to then say, oh, they have said we should not act
[00:20:41] 10 days to the election,
[00:20:43] therefore will not do
[00:20:46] anything, we for the arms, the acpc will not do any.
[00:20:51] do
[00:20:52] will anything not because elections are 10 days we are
[00:20:56] last the duty is also on state government to ensure and the federal
[00:21:00] government that we do not
[00:21:03] you know fed we do not with the funds
[00:21:07] the government meant for public service i think this is the
[00:21:11] old thing but if going
[00:21:14] by what has happened here with respect
[00:21:18] to the accounts of us state government government has
[00:21:22] gone to court and it's good that the government is
[00:21:26] not saying oh because the president has in therefore we are going
[00:21:30] to drop our no no the uns state government must be
[00:21:34] encouraged to pursue this case to logical
[00:21:37] conclusion but i can assure you show the federal
[00:21:41] high court church that will determine this case is likely
[00:21:45] to to say i am banned by the judgment the
[00:21:49] court of. to defend that DSCC can
[00:21:53] freeze any account on his own
[00:21:57] and not more than 72 hours obtain a court order to
[00:22:00] validate it and anim order or the supreme
[00:22:04] court judgement that says the
[00:22:07] EFCCNFI and ICPC are empowered
[00:22:10] to broke the accounts of all
[00:22:13] authorities in Nigeria that is where we are
[00:22:17] if if anybody is dissatisfied. by the
[00:22:21] decisions the court and the way
[00:22:23] it is done in all countries that proclaim to
[00:22:27] operate under the rule of law is to ask for amendment the
[00:22:31] law so that the efcc will not
[00:22:35] just give me uh just give a
[00:22:38] moment uh give a moment it does
[00:22:41] look let's get because there are those who are
[00:22:44] objecting to the what the EFC did uh I'm being
[00:22:48] joined by the councel to
[00:22:58] order prof,
[00:22:59] good evening, what is the position of os? you the
[00:23:02] are opinion that um, mean the
[00:23:05] EFCC did not have a court order, do you have evidence to
[00:23:08] that? good evening, sh,
[00:23:11] thank you so much for this
[00:23:14] question,
[00:23:15] you recall that
[00:23:16] after the the letter, was
[00:23:20] written to the first bank in Ash, which in
[00:23:24] turn transmitted the letter to the state government, the requirement
[00:23:28] the law in this regard is that a court
[00:23:31] order court order must be issued and
[00:23:34] served on, especially the first
[00:23:37] bank, the letter was forwarded to
[00:23:41] state government where the first bank confirmed that no
[00:23:45] court order was attached to it, later that
[00:23:48] same day, DFCC made the statement that they
[00:23:52] needed to go in swiftly in order not
[00:23:56] to start to transfer the moneys in the
[00:24:00] statutory allocation and they never never mentioned, you were trying to
[00:24:04] justify their action that if they do not do it, yes
[00:24:07] we
[00:24:08] agree, there are some provisions the law that says that EFCC
[00:24:11] can, but if you interpret this in conjunction with
[00:24:15] section 7 the MLA, it says that there must be
[00:24:19] c served on that party, you can't just
[00:24:23] go in and say are using our power vested in the
[00:24:26] charm to now put pnd on the state
[00:24:30] governments and say prof, is it
[00:24:34] is it mandatory in the powers the ESCC on the
[00:24:37] ASCC act don't they have power on the suspision
[00:24:41] of a fraudelent act to act even without a court order
[00:24:45] mean by the powers confired on them by the acts the the
[00:24:49] the... to parliament, see in this
[00:24:53] regard, EFCC must get a court order, the
[00:24:56] laws are there, what about the 72 hours provision as prescribed
[00:25:00] by the law? now that 72 hours provision,
[00:25:04] if if you read the provision I'm talking about, the section 7
[00:25:08] the money laundering act, it stipulates
[00:25:12] that court order must be found,
[00:25:15] it is there, how are you sure that they don't have a court order, because what you
[00:25:20] infering is as though that the UFC is a is a lawless
[00:25:24] organization, they said they've been investigating a few officials
[00:25:28] the government have been invited by the
[00:25:30] EFCC, yes, they have been inviting people even since
[00:25:34] March as declared, but if you have a courder, the requirement the law
[00:25:38] is that you must serve the courder in conjunction
[00:25:42] with the letter, it must be
[00:25:44] there, so this is so clear, you
[00:25:48] can't do an act of this man, manitude and just say you are transmitting
[00:25:51] letter to put a PND a state government account, that
[00:25:55] you know that it is the only account, sorry the only money that is being
[00:25:59] transfer to that account is from the federation account, but
[00:26:04] if you look at this matter should the state look on and when i'm saying
[00:26:08] the state i'm not talking about the state government uh an anti-graft
[00:26:11] agency in the
[00:26:13] in the ram the ilk of EFCC look on
[00:26:17] why a state resources is being plundered and in the last few
[00:26:21] hours the EFCC say they've been monitoring the account and the swiftness the
[00:26:25] money that is running out the account they cannot look on and have
[00:26:28] it uh been looted like that that they are suspicial.
[00:26:33] action of that, mean would you rather prefer that
[00:26:36] the the loot in allegedly continue and the government or the agency
[00:26:40] stoping?
[00:26:46] number one, one the requirements is that if
[00:26:49] you must know that the source in which this money is
[00:26:53] coming is from a suspicious source,
[00:26:57] the only money that is being transferred into that account is from the
[00:27:00] federation. that's one the requirements, so
[00:27:04] quickly, let us say prof, give us an understanding, now it does look like the
[00:27:07] president has intervened, is there a need for action in court
[00:27:11] again uh uh seeking - relieve from court or
[00:27:15] two billion nara in in
[00:27:17] value, it depends on
[00:27:21] what my client is, which is your governments, if they give us the go ah,
[00:27:25] but think i'm not believe that it should be tried,
[00:27:29] okay the
[00:27:30] efcc has been arresting lot of promotion.
[00:27:35] All right, they will just invite eight people, 10 people, they will interview them and just
[00:27:39] release them, we
[00:27:39] need to go in democracy, yeah, and this thing need to be
[00:27:42] tested,
[00:27:43] okay, until if the client says, oh, please, let's cheat our
[00:27:47] short, all right, prof, but this is
[00:27:48] the democracy, thank you so much, thank you so much for your
[00:27:52] intervention, I appreciate your uh, your
[00:27:55] alert, the alert for you to be able to clarify few
[00:27:59] issues, but let allow Mr. Falan or just... about 30 seconds or
[00:28:03] so to close the program for us, are there lessons lent and what is
[00:28:07] the way forward? i think the
[00:28:11] way forward is to for
[00:28:14] EFCC to join issues with the state
[00:28:17] government, state government has gone to court, and this is the way it should be done any
[00:28:21] civilized society, it's the is
[00:28:23] now b in the court the FCC to publish and
[00:28:26] react to the case and show the public and the court of
[00:28:30] law the basis of his intervention. and once that is done, it
[00:28:34] will be clear to the court whether the
[00:28:38] EFCC acted properly or improperly, for me, I think that is
[00:28:42] the way it should go, and next time, as I said, the attorney
[00:28:45] generals off should have been ased by the president to interven in the
[00:28:49] matter, let see, thank you so much indeed for time, I appreciate as
[00:28:53] always, God bless you, thank you,
[00:28:57] thank you so much everyone for watching, I'm sh, on
[00:29:00] Sunday, I don't want to... like the card out the bag, but of
[00:29:04] god an interesting conversation, you don't want to miss. 8
[00:29:08] p.m. on Sunday, I'll see you everyone. I'm Shaking, God bless
[00:29:12] Nigeria.
[00:30:11] Thanks for staying with us, welcome to newsroom series on Channel's television, I'm
[00:30:15] Joker Rogers, in the news reports we're tracking for you at this
[00:30:19] hour as we turn our attention to the southeast the
[00:30:23] country today, but first an update of stories making the
[00:30:27] rounds this
[00:30:27] hour,
[00:30:32] the bus.
[00:30:46] fear uncertainty and captivity, survivors the devastating
[00:30:50] bandit attack community, local government
[00:30:54] air of state have finally intern home, the rescued
[00:30:58] victims arrived in lake.