Google Speech-to-Text API Automatic Transcription (Chirp). Treat it as a searchable index of what was broadcast, not a quotation record.
00:00:01criminal diversion of public funds, whether
00:00:04elections are going to
00:00:07of take place tomorrow or in in 10 days time, that's what Nigerians
00:00:11may
00:00:11of have to review now, at what stage and
00:00:15DSCC and
00:00:17of ICPC or even the police, stop making arrest,
00:00:21stop, stopping, I mean,
00:00:23of stop, of
00:00:24you know, uh, investigating
00:00:27allegations of criminal diversion of... so and that is what
00:00:31has not been stated, but then nobody can say go
00:00:35and criple any state government, no agency
00:00:39of the government has the power to do it,
00:00:41of but mind you, again this is
00:00:44of where I blame state government, the
00:00:46EFCC, according to uh the Supreme
00:00:50Court is not
00:00:53of an agency
00:00:54of the federal government, it's an agency
00:00:59of of the federation and... to
00:01:00of the supreme court in a situation where we operate
00:01:04corporative federalism,
00:01:08these agencies are to be
00:01:11a controlled by the federal
00:01:14me state and local government, it's like the police powers
00:01:17instead
00:01:18of of controlling police powers in line with the
00:01:22provisions
00:01:23of the constitution by the president, the
00:01:26governors and the ig the governors.
00:01:30have
00:01:32of abdicated police powers told the president, they are now
00:01:36talking of state police, so we must look
00:01:41of at the powers of each agency
00:01:43of the government under the constitution, we must look at the
00:01:47me power of every agency
00:01:49me of the government created outside the constitution and found out at all
00:01:53time have they exceeded their powers, once you come to
00:01:58me the conclusion that they have not the... agency has not exceeded his
00:02:01power, if you don't
00:02:03want to amend the law to take care of
00:02:07oh elections are 10 days away, once elections are 10 days
00:02:11away,
00:02:12of this call, mean this
00:02:13in agency must not
00:02:15investigate allegations of criminal
00:02:19diversion or public f, until
00:02:21of you in do that, until you do that, it will be difficult to
00:02:25fort the EFCC in this
00:02:28instance. unless you can show, and I'm happy the
00:02:32ocean state government has gone to, unless it can be shown
00:02:38of of at the end of the day that there was no basis whatsoever for EFCC to have
00:02:42approached the call in this instant,
00:02:45then I will join those who are
00:02:49blaming the EFCC for exceeding his
00:02:52power, so Mr. Falano, the premise, the
00:02:56premise
00:02:56of the lawsuit, Mr. Falano
00:02:58of the State. government if you
00:03:00of have seen uh the uh their preaction notice uh
00:03:04suing and asking for two billion nara in damages
00:03:08and the arguing that the affected statutory allocation
00:03:11account in question is used to discharge government
00:03:15obligations and the restricting it could
00:03:19of affect salaries and public services the cited section
00:03:22162
00:03:23of the constitution that establish the framework for
00:03:27of distribution of federation account
00:03:29a revenues even when there is reasonable suspicion of corruption, Mr.
00:03:32Falano, can federal
00:03:34of investigative
00:03:35of agency effectively emobilize the
00:03:38finances
00:03:39of of federating unit, almost enforcement been narrowly tailored to
00:03:43the particular transaction and beneficiaries under
00:03:47of suspicion, that's a big question from the point of view
00:03:49of the state and which needs to be answered so that
00:03:53the EFCC is not seen as an instrument of political witch on
00:03:57and bias.
00:04:01of these of arguments were
00:04:04aduced in the case of attorney general
00:04:07of many other and the attorney general
00:04:11of these argument
00:04:14all the totality
00:04:15of the argument of state government
00:04:19was first section
00:04:20of 162 of money already
00:04:23distributed no agency
00:04:26of the federal government can interfere in the management of
00:04:30the supreme court reviewed several cases and if you
00:04:34must know, when the ICPC
00:04:37in was established in the
00:04:38of year 2000, state government
00:04:41of challenge is legality and you have no business to arrest
00:04:45anybody in our state, you have no
00:04:48of business of to interfere or probe money we have received
00:04:52from Abuja, supreme
00:04:53court said no, that was in the year
00:04:55of 2002 when the case was decided in this case the
00:04:59supreme in 2024 reveal all the cases and
00:05:02rejected all the arguments
00:05:05of the state government, and for me,
00:05:08for me, if you are saying,
00:05:12"the order obtained by EFCC is likely to
00:05:16criple any activity or the activities the
00:05:19government, you rush to court, and that is why it was an
00:05:23interim order, the court will never give a permanent order in
00:05:27such a circumstance. serve the state government, let the state
00:05:31government come and show to the court, why this other will be
00:05:34retained, why the other will not be quiet, and that is what is
00:05:38done in line with the rule of law, so..."
00:05:42happilyy ashin state government has gone to call asking
00:05:46for damages of two billion i expect
00:05:49the ESCC to respond to the and it end of
00:05:53ESCC and state government and other state governments in
00:05:56Nigeria to have that case determined you
00:06:00know one way or the other so that DFCC
00:06:03and go to court
00:06:06this is the basis of our intervention the court will then
00:06:10look at it and say oh you acted properly,
00:06:14you didn't act properly. two billionaire should be awarded or should not be
00:06:17awarded, because the state government can in fact be penalized
00:06:21if there is no basis for the action.
00:06:25mr. falano, give a moment, we go a break, but when we
00:06:29return uh with this action the EFCC and the
00:06:33reaction from the president and the action that
00:06:35followed, the those who believe that the election of
00:06:392027 might be in the mix. and can be
00:06:43under threat, is that the case? guess tonight
00:06:47will be given insight when we return. join us
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00:12:49Thanks so much everyone for staying with us. Mr. Fran falan, human rights
00:12:53lawyer, advocate of Nigeria has been. speaking with us and the
00:12:56controversy and and issues raised with
00:13:00the freezing the bank account of oshin state, the
00:13:03lawsuit and president Balatinobu's intervention. Thank
00:13:07you, Mr. Fallanom, there those who are asking, thank
00:13:11you, where is that court order? In fact, there are
00:13:14suspicion that there may never be any court order, uh,
00:13:18the question is, does the EFCC even need a court order to
00:13:21freeze uh, a bank account of a state government? have
00:13:25you cited the uh the the court order, they say
00:13:28nobody has seen the court order, the state has not been served the
00:13:32court
00:13:32order,
00:13:37well uh, if an order is made against
00:13:40you, uh, you have the
00:13:43right, in fact the duty,
00:13:47to ensure that you get the
00:13:50order, um, the AFCC has a
00:13:54duty.
00:13:56'to sa
00:13:58a certified through copy the order
00:14:01all the attorney general of
00:14:05washing state, state government has
00:14:09gone to court and also exper that the state government
00:14:13will have find out which court issued the order
00:14:16and then file an application to vacate the
00:14:20order, but with the advice uh
00:14:24the'. president or the directive the president, I expect that
00:14:28by now the EFCC is likely to have applied to the
00:14:32courd to have the order vacated, that's my
00:14:36understanding, state is demanding, the court
00:14:39believe to serve belief or to have served the processes
00:14:43on the state government, but if they have not been sub and having regard to the
00:14:47public nature of this matter, the attorney general of state I'm
00:14:51sure will also have taken step to obtain uh
00:14:55the processes uh, do you agree for those
00:14:59who are criticizing to say the advisor
00:15:03or whoever advise president tunubu to interven gooft,
00:15:06and this this was a political
00:15:09error,
00:15:14i think the president is a politician, he
00:15:17acted politically, i'm i'm a
00:15:21lawyer and i'm speaking '
00:15:26legally, in other words, I will have
00:15:29prefer the president or to have, I
00:15:32mean advise the attorney general to do the
00:15:36needful. the circumstance have regard to the
00:15:39embarrassment complain by the president so that and i
00:15:43think lessons are being drawn and land on our
00:15:47side and she must
00:15:50perhaps look at what is going on in the united
00:15:53states of america uh every action
00:15:57of president trump is challenged even
00:16:01today the court of appeal has just rule that he has no
00:16:05business to modify. the white house
00:16:09to suit his own,
00:16:10you know, prejudices, I
00:16:13mean, you, you don't, you president
00:16:16Trump, without the intervention the courts in
00:16:19America, President Trump will have turn that country into
00:16:23a banana republic, and what we are saying here is
00:16:26that the president, the EFCC, the
00:16:30office the attorney general and all agencies and public
00:16:34officers in Nigeria, must endeavor.
00:16:38that all
00:16:39their actions and street compliance with
00:16:43the rule of law, particularly the
00:16:46reason, the reason why,
00:16:49and political actions
00:16:53in governance have implications, optical
00:16:57implication for sure,
00:17:00inferences that could be made, and you know the politics
00:17:03of even what the president did not say, they will say the president
00:17:07president has said it because they know there is a president and
00:17:11there are establishment, agencies of government,
00:17:15organizations that operate at the federal level that
00:17:18should act as independent, the those who
00:17:22say yes, good intention to not to
00:17:25subject or to turn a state into a banana republic or raise
00:17:29more violence in the state, the president intent is well
00:17:33appreciated, but the handling is ill
00:17:36advised. and the those who will say, look, there are other agencies who
00:17:40should be acting independently, who now, lot of
00:17:44people will be sounding suspicion, and even international
00:17:48community will say, not every action taken by the
00:17:52EFCC now will be seen from the optics of politics, and why
00:17:56did the EFCC wait until 10 days before election for
00:17:59investigation that they say started in March, what were they
00:18:03looking at, why did they wait this long?
00:18:09if they are claiming that between 2nd of august
00:18:12and two days ago movement of
00:18:16money in that particular account became
00:18:19suspicious, they rushed to court, the court
00:18:22interven, the duty, the b is now
00:18:26in the court of state gover to come to court, my
00:18:30lord we withdraw this funds because there were
00:18:33emergencies, we're fixing
00:18:37road we to pay contractors and we didn't withdraw the
00:18:41money for elections, because
00:18:45you are not the conducting the
00:18:48election, and so if there are
00:18:51logistics that will be involved in the
00:18:54election, you you have to convince the court,
00:18:58but you see, i think we need to look
00:19:02at our agencies and see how we can
00:19:05strengthen them. so that they
00:19:09can discharge their duties in the interest the
00:19:12country and not to suit and not in the interest
00:19:16the government in power, and that is the essence
00:19:20of buuru democracy that
00:19:23institutions will act,
00:19:27whether the president is happy or
00:19:29not, and again as I
00:19:33said, that is point being made in America, so
00:19:36President, Trump who believes he can do and undo, he can
00:19:40do anything, he's been told by the court
00:19:44regularly, regularly, you have no
00:19:48powers, your executive
00:19:51powers, executive forters are
00:19:54illegal, not once, not twice, over 150 court
00:19:58orders in the last three years or
00:20:02there about, so we must also get to that stage in our
00:20:05country where we strengthen the EFCC,
00:20:09the ICPC, the NFIU, the Nigerian police force
00:20:13and other a way that they will act
00:20:16always in the interest the public,
00:20:20whether the elections are 24 hours, away
00:20:24or 36 hours or 10 days or one month, we must
00:20:27ensure that nobody takes
00:20:30advantage the
00:20:34circumstances in which a state might find itself or... even the
00:20:37federal government to then say, oh, they have said we should not act
00:20:4110 days to the election,
00:20:43therefore will not do
00:20:46anything, we for the arms, the acpc will not do any.
00:20:51do
00:20:52will anything not because elections are 10 days we are
00:20:56last the duty is also on state government to ensure and the federal
00:21:00government that we do not
00:21:03you know fed we do not with the funds
00:21:07the government meant for public service i think this is the
00:21:11old thing but if going
00:21:14by what has happened here with respect
00:21:18to the accounts of us state government government has
00:21:22gone to court and it's good that the government is
00:21:26not saying oh because the president has in therefore we are going
00:21:30to drop our no no the uns state government must be
00:21:34encouraged to pursue this case to logical
00:21:37conclusion but i can assure you show the federal
00:21:41high court church that will determine this case is likely
00:21:45to to say i am banned by the judgment the
00:21:49court of. to defend that DSCC can
00:21:53freeze any account on his own
00:21:57and not more than 72 hours obtain a court order to
00:22:00validate it and anim order or the supreme
00:22:04court judgement that says the
00:22:07EFCCNFI and ICPC are empowered
00:22:10to broke the accounts of all
00:22:13authorities in Nigeria that is where we are
00:22:17if if anybody is dissatisfied. by the
00:22:21decisions the court and the way
00:22:23it is done in all countries that proclaim to
00:22:27operate under the rule of law is to ask for amendment the
00:22:31law so that the efcc will not
00:22:35just give me uh just give a
00:22:38moment uh give a moment it does
00:22:41look let's get because there are those who are
00:22:44objecting to the what the EFC did uh I'm being
00:22:48joined by the councel to
00:22:58order prof,
00:22:59good evening, what is the position of os? you the
00:23:02are opinion that um, mean the
00:23:05EFCC did not have a court order, do you have evidence to
00:23:08that? good evening, sh,
00:23:11thank you so much for this
00:23:14question,
00:23:15you recall that
00:23:16after the the letter, was
00:23:20written to the first bank in Ash, which in
00:23:24turn transmitted the letter to the state government, the requirement
00:23:28the law in this regard is that a court
00:23:31order court order must be issued and
00:23:34served on, especially the first
00:23:37bank, the letter was forwarded to
00:23:41state government where the first bank confirmed that no
00:23:45court order was attached to it, later that
00:23:48same day, DFCC made the statement that they
00:23:52needed to go in swiftly in order not
00:23:56to start to transfer the moneys in the
00:24:00statutory allocation and they never never mentioned, you were trying to
00:24:04justify their action that if they do not do it, yes
00:24:07we
00:24:08agree, there are some provisions the law that says that EFCC
00:24:11can, but if you interpret this in conjunction with
00:24:15section 7 the MLA, it says that there must be
00:24:19c served on that party, you can't just
00:24:23go in and say are using our power vested in the
00:24:26charm to now put pnd on the state
00:24:30governments and say prof, is it
00:24:34is it mandatory in the powers the ESCC on the
00:24:37ASCC act don't they have power on the suspision
00:24:41of a fraudelent act to act even without a court order
00:24:45mean by the powers confired on them by the acts the the
00:24:49the... to parliament, see in this
00:24:53regard, EFCC must get a court order, the
00:24:56laws are there, what about the 72 hours provision as prescribed
00:25:00by the law? now that 72 hours provision,
00:25:04if if you read the provision I'm talking about, the section 7
00:25:08the money laundering act, it stipulates
00:25:12that court order must be found,
00:25:15it is there, how are you sure that they don't have a court order, because what you
00:25:20infering is as though that the UFC is a is a lawless
00:25:24organization, they said they've been investigating a few officials
00:25:28the government have been invited by the
00:25:30EFCC, yes, they have been inviting people even since
00:25:34March as declared, but if you have a courder, the requirement the law
00:25:38is that you must serve the courder in conjunction
00:25:42with the letter, it must be
00:25:44there, so this is so clear, you
00:25:48can't do an act of this man, manitude and just say you are transmitting
00:25:51letter to put a PND a state government account, that
00:25:55you know that it is the only account, sorry the only money that is being
00:25:59transfer to that account is from the federation account, but
00:26:04if you look at this matter should the state look on and when i'm saying
00:26:08the state i'm not talking about the state government uh an anti-graft
00:26:11agency in the
00:26:13in the ram the ilk of EFCC look on
00:26:17why a state resources is being plundered and in the last few
00:26:21hours the EFCC say they've been monitoring the account and the swiftness the
00:26:25money that is running out the account they cannot look on and have
00:26:28it uh been looted like that that they are suspicial.
00:26:33action of that, mean would you rather prefer that
00:26:36the the loot in allegedly continue and the government or the agency
00:26:40stoping?
00:26:46number one, one the requirements is that if
00:26:49you must know that the source in which this money is
00:26:53coming is from a suspicious source,
00:26:57the only money that is being transferred into that account is from the
00:27:00federation. that's one the requirements, so
00:27:04quickly, let us say prof, give us an understanding, now it does look like the
00:27:07president has intervened, is there a need for action in court
00:27:11again uh uh seeking - relieve from court or
00:27:15two billion nara in in
00:27:17value, it depends on
00:27:21what my client is, which is your governments, if they give us the go ah,
00:27:25but think i'm not believe that it should be tried,
00:27:29okay the
00:27:30efcc has been arresting lot of promotion.
00:27:35All right, they will just invite eight people, 10 people, they will interview them and just
00:27:39release them, we
00:27:39need to go in democracy, yeah, and this thing need to be
00:27:42tested,
00:27:43okay, until if the client says, oh, please, let's cheat our
00:27:47short, all right, prof, but this is
00:27:48the democracy, thank you so much, thank you so much for your
00:27:52intervention, I appreciate your uh, your
00:27:55alert, the alert for you to be able to clarify few
00:27:59issues, but let allow Mr. Falan or just... about 30 seconds or
00:28:03so to close the program for us, are there lessons lent and what is
00:28:07the way forward? i think the
00:28:11way forward is to for
00:28:14EFCC to join issues with the state
00:28:17government, state government has gone to court, and this is the way it should be done any
00:28:21civilized society, it's the is
00:28:23now b in the court the FCC to publish and
00:28:26react to the case and show the public and the court of
00:28:30law the basis of his intervention. and once that is done, it
00:28:34will be clear to the court whether the
00:28:38EFCC acted properly or improperly, for me, I think that is
00:28:42the way it should go, and next time, as I said, the attorney
00:28:45generals off should have been ased by the president to interven in the
00:28:49matter, let see, thank you so much indeed for time, I appreciate as
00:28:53always, God bless you, thank you,
00:28:57thank you so much everyone for watching, I'm sh, on
00:29:00Sunday, I don't want to... like the card out the bag, but of
00:29:04god an interesting conversation, you don't want to miss. 8
00:29:08p.m. on Sunday, I'll see you everyone. I'm Shaking, God bless
00:29:12Nigeria.
00:30:11Thanks for staying with us, welcome to newsroom series on Channel's television, I'm
00:30:15Joker Rogers, in the news reports we're tracking for you at this
00:30:19hour as we turn our attention to the southeast the
00:30:23country today, but first an update of stories making the
00:30:27rounds this
00:30:27hour,
00:30:32the bus.
00:30:46fear uncertainty and captivity, survivors the devastating
00:30:50bandit attack community, local government
00:30:54air of state have finally intern home, the rescued
00:30:58victims arrived in lake.