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FG sues 36 Governors over alleged misconduct in LG administration

The Federal Government has filed a lawsuit against the Governors of the 36 States of the Federation at the Supreme Court over alleged misconduct in the administration of Local Government Areas, LGAs.

In the suit marked: SC/CV/343/2024, which was filed by the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, the government is demanding full autonomy for all LGAs in the country as the third tier of government.

It specifically urged the apex court to issue an order deterring state governors from embarking on unilateral, arbitrary and unlawful dissolution of democratically elected local government leadership.

It also seeks an order permitting the funds standing in the credits of local governments to be directly channelled to them from the Federation Account in line with the provisions of the Constitution as against the alleged unlawful joint accounts created by governors.

The FG equally prayed the Supreme Court for an order stopping governors from further constituting caretaker committees to run the affairs of local governments as against the Constitutionally recognized and guaranteed democratic system.

It equally applied for an order of injunction restraining the governors, their agents and privies, from receiving, spending or tampering with funds released from the Federation Account for the benefits of local governments when no democratically elected local government system is put in place in the states.

Governors of the 36 States were sued through their respective Attorneys General.

In the 27 grounds it listed in support of the suit, the Federal Government argued that Nigeria, as a federation, was a creation of the 1999 Constitution, as amended, with the President, as Head of the Federal Executive Arm, swearing on oath to uphold and give effect to provisions of the Constitution.

It told the apex court: “That the governors represent the component states of the Federation with Executive Governors who have also sworn to uphold the Constitution and to at all times, give effect to the Constitution and that the Constitution, being the supreme law, has binding force all over the Federation of Nigeria.

“That the Constitution of Nigeria recognizes federal, states and local governments as three tiers of government and that the three recognized tiers of government draw funds for their operation and functioning from the Federation Account created by the Constitution.”

Consequently, the government asked the Supreme Court to invoke sections 1, 4, 5, 7 and 14 of the Constitution to declare that the State Governors and State Houses of Assembly are under obligation to ensure a democratic system at the third tier of government in Nigeria and to also invoke the same sections to hold that the governors cannot lawfully dissolve democratically elected local government councils.

It also prayed for the invocation of sections 1, 4, 5, 7 and 14 of the Constitution to declare that dissolution of democratically elected local government Councils by the Governors or anyone using the state powers derivable from laws enacted by the State Houses of Assembly or any Executive Order, is unlawful, unconstitutional, null and void.

In a 13-paragraph affidavit that was deposed to by one Kelechi Ohaeri from the Federal Ministry of Justice, the AGF said he filed the suit under the original jurisdiction of the Supreme Court, on behalf of the FG.

The deponent averred that the local government system recognized by the Constitution is a democratically elected local government councils, adding that the amount due to local government Councils from the Federation Account is to be paid to local government system recognized by the constitution.

Meanwhile, the Supreme Court has fixed May 30 to hear the suit.

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Those found guilty of corruption should not enjoy pardon —AGF

The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), has stated that those found guilty of corruption should not be granted state pardons. He also advised law enforcement agencies to avoid shoddy investigations, urging them to have all necessary facts before summoning individuals for questioning.

The AGF made these remarks at a roundtable organized by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for state Attorneys-General in Abuja on Monday. “I will suggest in our next constitution review exercise that we expunge those found guilty of corruption from benefiting from powers of ‘Prerogative of Mercy’ to serve as a deterrent to others,” he said.

In a statement by Kamarudeen Ogundele, Special Assistant to the President on Communication and Publicity, Office of the AGF and Minister of Justice, Fagbemi emphasized the importance of cooperation from all stakeholders, particularly the Attorneys-General, in the fight against corruption. He urged them to avoid nepotism, political witch-hunting, rivalry, and bigotry in their efforts to fight corruption merely to please their governors.

The minister further stated that there should be no justification for rationalizing corruption or other crimes. He advised that legal opinions on cases should be based strictly on facts, as is the practice in advanced countries, adding, “We should not give in to public sentiments. In Nigeria, we are polarised along political lines.”

The AGF also urged participants and anti-graft agencies to conduct thorough investigations before arresting suspects to prevent unnecessary media trials. “Let us be thorough and take our time before inviting someone for questioning. Don’t do a shoddy job and be quick to say we have caught a big fish…You will catch a big fish. If it is two or three big fish you are able to get in a year and you are thorough, it is alright,” he stated.

Additionally, Fagbemi advised against filing exaggerated or bogus charges against defendants to create public frenzy. He said, “Nobody wants a 50-count charge…make it five or six and be sure. Make sure you get him (suspect) in.”

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Tinubu condoles with families of victims, Niger govt over traffic petrol tanker explosion

President Bola Tinubu has sent heartfelt condolences to the government and people of Niger State on the petrol tanker explosion on the Bida-Agaie-Lapai- road on Sunday in Niger State, which claimed the lives of 48 people and livestock.

According to the Niger Emergency Management Agency (NEMA) and the Federal Road Safety Corps (FRSC), many people were injured in the accident, which also involved a truck loaded with cattle and passengers.

President Tinubu commiserated with the families of the dead and injured victims. He also sympathised with the owners of shops affected by the tragedy.

He prayed for the speedy recovery of the injured.

The President commended the federal and state emergency agencies for their swift response. He similarly commended the good-spirited Nigerians who mobilised to the incident scene to assist the victims.

He pledged continued support for efforts aimed at providing relief to those affected.

President Tinubu has directed relevant federal agencies in transportation and road infrastructure to redouble their efforts and work with state governments to enhance the safety and security of travellers and residents.

News

Nigerian businessman Ogionwo charged for $300,000 scam in Oil deal

The Inspector General of Police, through legal officer S.O. Ayodele from the Federal Criminal Investigation Department, Alagbon Close, Ikoyi, Lagos, has filed a two-count charge of obtaining money by false pretenses and theft against Nigerian businessman Ebi Otisaye Ogionwo.

In the charges presented before the Federal High Court in Lagos, Ayodele alleges that in 2022, Ogionwo fraudulently obtained $300,000 from Mr. Oluwatosin Adefila of Beltzemo Nigeria Limited. The funds were purportedly meant to finance an oil trading business, but this representation was false.

The charges against Ogionwo are in violation of Section 1 (1) (c) and punishable under Section 1 (3) of the Advance Fee Fraud and Other Related Offences Act 2006.

The two count charge as filed before the court

Count one:

That you, Ebi Otsaye Ogionwo “M” sometimes in 2022,in Lagos, within the Judicial Division of this Honorable Court, did by false pretence and with intent to defraud obtained the sum of Three Hundred Thousand Dollars (S300,000:00) from one Mr. Oluwatosin Adefila of Boltzemo Nigeria Limited under the guise of using the said funds for financing Oil Trading Business, a representation you knew to be false and thereby committed an offer contrary to Section 1(1)(c) and punishable under section 1(3) of the Advance Fec,raud and other Related Offences Act 2006, Laws of the Federation of Nigeria.

Count two:

That you Ebi Otsaye Ogionwo “M” on the same date, time and place, and in the aforementioned Judicial Division of the Federal High Court, did steal the sum of Three Hundred Thousand Dollars ($300,000.00) from one Mr.Oluwatosin Adefila of Belztzemo Nigeria Limited and thereby committed an offence contrary to section 383 and punishable under section 390 (9) of the Criminal Code Act,Cap C 38,Laws of the Federation of Nigeria,2004.

Meanwhile, 14th of October, 2024 has been fixed for the arraignment of the defendant.