By Taiye Agbaje

A constitutional lawyer, Joshua Ijaodola, has urged the Federal High Court in Abuja to nullify the Acts enabling the Economic and Financial Crimes Commission (EFCC) and the Nigeria Security and Civil Defence Corps (NSCDC) as being unconstitutional.

Ijaodola, in two fresh suits, argued that the acts violated Section 214 of the 1999 Constitution (as amended) in 2018 and 2023 respectively.

The two suits are dated June 23 and filed on June 24.

The legal practitioner had, in the first suit marked: FHC/ABJ/CS/1231/2025, sued the National Assembly (NASS), the Attorney-General of the Federation (AGF), Nigeria Police Force (NPF) and EFCC as 1st to 4th defendants.

In the second suit marked: FHC/ABJ/CS/1232/2025, the claimant listed NASS, AGF, NPF and NSCDC as 1st to 4th defendant respectively.

Ijaodola, who is the Principal Partner of the law firm of Ijaodola & Co, in his affidavit of non-multiplication of action, sworn that the matter is not pending in any other court.

The Kwara-based lawyer, in the suit against EFCC, sought an order declaring the act enabling the agency “as unconstitutional and in violation of Section 214 of the 1999 Constitution of the Federal: Republic of Nigeria (as amended) in 2023 for the determination of the sole question of:

“Whether or not the act enabling the 4th defendant (EFCC) is unconstitutional and in violation of Section 214 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) in 2023.”

He equally sought same in his suit against NSCDC, also known as civil defence.

in the affidavit in support of the suit against the EFCC, Ijaodola averred that the NASS established the EFCC as “an economic police by virtue of Economic and Financial Crimes Commission Act, 2004.”

According to him, the 3rd defendant (police) is the body constitutionally empowered or saddled with the responsibilities of detection, prevention, apprehension and prosecution of all crimes by virtue of Section 214 of the 1999 Constitution (as amended) in 2018 etc and Section 4 of Police Act, 20222.

“That the 1st defendant (NASS), in Section 6 of the said Act, donates part of the statutory duties of the 3rd defendant (police) to the 4th defendant (EFCC),” he said.

He further argued that the legislature, in Section 8(5) of the said Act, donates the statutory powers of the Nigerian police to EFCC, “i.e power to investigate, arrest, detain and prosecute economic offenders in contravention of Section 214 of the 1999 Constitution (as amended) in 2018 and Section 4 of Police Act, 2022.”

Ijaodola submitted that the anti-graft agency has been usurping the constitutional powers of the police institution under the guise of Section 6, 7 and 8 of the Economic and Financial Crimes Commission Act, 2004.

The claimant, in his affidavit also attached to the suit against civil defence, averred that the police is the body constitutionally saddled with responsibilities to detect, prevent, apprehend and prosecute all crimes by virtue of Section 214 of the 1999 Constitution (as amended) in 2023 and Section 4 of Police Act, 2022.

He argued that the NASS established the NSCDC as a police in 2002 by the NSCDC (amendment) Act, 2007 with the power to investigate, arrest, detain and prosecute offenders in contravention of Section 214 of the 1999 Constitution as amended in 2018 and Section 4 of Police Act, 2022.

Ijaodola submitted that the civil defence has been usurping the constitutional powers of the police institution under the guise of Section 3 of the NSCDC (amendment) Act, 2007.

The lawyer stated that the Nigerian government, being represented by the AGF (2nd defendant), has been spending billions of the Federal Government’s money for the maintenance of the EFCC and NSCDC being challenged in the suits.

He said the grant of his application would be in the interest of justice and supremacy of the constitution.

“I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act,” he said.

The suit is yet to be assigned to a judge as at the time of the report.(NAN)

Edited by Sadiya Hamza

By Wandoo Sombo

The Federal Government on Monday, arraigned Sen. Natasha Akpoti-Uduaghan at the Federal High Court, Abuja over alleged cyber bullying and defamation of the Senate President, Godswill Akpabio and former Governor of Kogi, Yahaya Bello.

The suspended senator was docked on a six-count charge bordering on making inciting statements in public and on television amounting to cyber bullying and defamation.

The lawmaker, who was accompanied by her husband into the court room to answer the charge against her, however, pleaded not guilty to all the six count.

The Federal Government, through the Attorney-General of the Federation, preferred the six-count criminal charge against her.

The News Agency of Nigeria (NAN) reports that Akpabio, had in a petition to the Inspector-General of Police, complained about damages done to his reputation by Akpoti-Uduaghan on the accusation that he planned to eliminate her in Kogi.

The allegations in the charge, marked: FHC/ABJ/CR/195/2025 are said to contravene Section 24 of the Cybercrimes Act and punishable under the same act.

She was alleged to have transmitted false and injurious information via electronic means calculated to malign, incite, and endanger lives and breach public order.

In the charge, Akpoti-Uduaghan, while addressing a gathering on April 4 in Ihima, in Kogi, was said to have alleged that Akpabio instructed Bello to have her eliminated in Kogi.

Similarly, in a television interview, she allegedly repeated the narrative, suggesting a murderous conspiracy against her life by Akpabio and Bello to take place in Kogi to make it appear as if her people were responsible.

Following her plea of not guilty, the prosecuting counsel, Mr Mohammed Abubakar, prayed the court for a date to start trial and call witnesses.

Akpoti-Uduaghan’s lawyer, Prof. Roland Otaru, SAN, moved a bail application for the defendant.

Otaru, in the application, prayed the court to admit the defendant to bail on self-recognition.

He submitted that the suspended senator was not a flight risk and would not interfere with police investigation and witnesses.

Moreover, he said that the offences his client was standing trial for were bailable, adding that the prosecution did not oppose the application.

The trial judge, Justice Mohammed Umar, subsequently admitted the defendant to bail on self-recognition.

He adjourned the matter until Sept. 22 for the trial to begin.

NAN recalls that on the last adjourned date, the court had rejected an application by the government to issue a bench warrant against Akpoti-Uduaghan.

The prosecuting counsel, Mr David Kasue, had asked the court to issue a bench warrant for her arrest following her absence in court.

Her lawyer, however, opposed the application for a bench warrant saying the application was strange and not courteous, since he had only been served with the charge on behalf of his client in court that morning. (NAN)(www.nannews.ng)

Edited by Rotimi Ijikanmi

By Edith Nwapi

The National Human Rights Commission (NHRC) says it is seeking for more humane ways to approach the treatment of drug victims including counselling and medicines.

Dr Tony Ojukwu (SAN), Executive Secretary, NHRC, said this at an event to commemorate the 2025 World Drug Day.

The event was organised by NHRC and the United Nations (UN) human rights resident commissioners in Nigeria.

Ojukwu, who joined the event via zoom, said many stories of victims both young and old have been heard and listened to, with an irreparable devastating toll of drug addiction.

“We have seen the pervasive stigma that strips individuals of their identity; the discrimination that shatters opportunities.

“The social exclusion that isolates souls and the painfully limited access to essential health and harm reduction services that leaves lives hanging with a thread.

“More disturbing is that this punitive approach has in too many instances, tragically amplified the risk of arbitrary arrests, ill-treatment, and indeed the abhorrent act of torture within our detention facilities.”

According to Ojukwu, the battle for the treatment of drug victims is being lost, not on statistics but on human lives and dignity.

Ojukwu said that punitive approaches had never worked, going by the available data and research.

“The evidence is clear; Nigeria’s drug use prevalence is higher than the global average, yet access to treatment and harm reduction services remains among the lowest in Africa,” he said

Drug-related incarceration according to Ojukwu is overwhelmingly composed of non-violent and low-level offences.

He noted that torture remained widespread, particularly in drug-related arrests and pre-trial detention.

Ojukwu added that legal safeguards against torture and arbitrary detention were routinely ignored.

“The policy brief lays out clear recommendations for drug decriminalisation, investment in harm reduction and accountability mechanisms to protect the rights of persons who use drugs.

“It represents a vision for a more humane and just Nigeria.

“The theme of the 2025 UN International Day Against Drug Abuse and Illicit Trafficking (also known as the World Drug Day) is “The evidence is clear: invest in prevention”.

“It is not just a slogan; it is a beacon of hope and a blueprint for a compassionate future,” he said.

The executive secretary noted that prevention of drug abuse was fundamentally about investing in the human spirit and extended far beyond merely intercepting illicit substances.

“It means prioritising public health, establishing accessible, evidence-based treatment and harm reduction services among others.

“We should shift our perceptions to see that those grappling with drug dependence are not criminals; they are patients in desperate need of care.

“Our empathy and our support are needed. By embracing these human rights-centred approaches, we do more than just protect the vulnerable.

“We strategically dismantle the very foundations of the illicit market, severing the insidious ties that feed organised crime.

“This is how we truly break the cycle, and this leads us to the equally, perhaps even more, vital theme of torture prevention,” Ojukwu added.

Ms Adwao Kufuor, Senior Human Rights Adviser to the UN Resident Human Rights Office, commended the Federal Government for the establishment of National Preventive Mechanism (NPM).

Kufuor said NPM was one of the main recommendations in the prevention of torture in the country.

“One of the main recommendations was NPM and the importance of having such a mechanism in place.

“So, for us in the UN, we acknowledge the steps that the government has taken to improve the right to address some of the shortcomings. We hope that NPM will be able to address it,” she said.

Kufuor said that they have been talking with relevant stakeholders on non-custodian services and earlier releases of people on probation, to ensure victims have access to justice.

According to her, the move will also ensure that victims are monitored to prevent recidivism.

“So, we plead with the government and those in authority to ensure that NPM is adequately resourced and effective for the work to be done,” she said.

The News Agency of Nigeria (NAN) reports that the International Day against Drug Abuse and Illicit Trafficking also known as “World Drug Day” is marked annually on June 26.

It is marked to strengthen action and cooperation in achieving a world free of drug abuse. (NAN)(www.nannews.ng)

Edited by Augusta Uchediunor/Emmanuel Afonne

By Taiye Olayemi

The ECOWAS Court has called for stronger commitment from Member States toward enforcing the Court’s judgments.

The ECOWAS Court President, Justice Ricardo Gonçalves, made the call on Monday at the opening of the inaugural meeting of Competent National Authorities (CNAs) responsible for the enforcement of CCJ judgments in Lagos.

The meeting is with the theme: “Enhancing the Role, Relevance, and Effectiveness of the ECOWAS Court of Justice: Strengthening Synergies Between the Court and Competent National Authorities”

The president described the low compliance rate currently standing at just 22 per cent as “discouraging” and a significant threat to the Court’s effectiveness.

He urged national authorities to take immediate and coordinated action to reverse the trend.

He warned that continued non-compliance threatens the Court’s credibility and the rule of law in the region.

“It is our sincere hope that this meeting will result in actionable strategies to raise member states’ compliance with the Court’s judgments,” he said.

Gonçalves explained that the Court, established under Article 15 of the ECOWAS Revised Treaty, was initially set up as an inter-state tribunal.

He said, however, that amendments made in 2005 expanded its mandate to include cases brought by individuals, transforming it into a community court, a public service court, a human rights court, and an arbitration tribunal.

The president noted that ECOWAS member states were under legal obligation to enforce the Court’s decisions in accordance with their national civil procedure laws, as provided by the 2005 Supplementary Protocol.

“Execution of any decision of the Court shall be in the form of a writ, which is submitted by the Court’s Registrar to the designated national authority of the relevant Member State,” he explained.

According to him, in spite most member states appointing competent national authorities as required by Article 24(4) of the Protocol, actual enforcement of judgments remained low.

He disclosed that only two of the 12 active member states were yet to appoint such authorities.

Gonçalves said the meeting was convened to build a collaborative framework that would enable CNAs to share best practices, address enforcement bottlenecks, and enhance adherence to regional legal obligations.

The objectives of the meeting, he said, include increasing compliance with judgments, standardising execution procedures, building capacity for enforcement.

Others are fostering collaboration between national authorities and regional bodies such as the ECOWAS commission legal department and the ECOWAS parliament’s human rights committee.

He emphasised that enforcing the Court’s decisions would not only uphold justice, but also reinforce human rights, deter violations, and strengthen confidence in the regional legal system.

Also speaking, Dr Yaouza Ouro-Sama, Chief Registrar of the court said several factors still militate against the enforcement of the decisions of the Court.

He said such factors included failure by member states to domesticate the revised treaty and the protocol on the Court, the lack of political will and lack of implementing legislation for the enforcement of the judgments of ECCJ by national courts.

He also mentioned non-involvement of ECOWAS Political Authorities and the fact that the Court plays no role in the enforcement of its judgments.

“The ECOWAS Court of Justice has delivered a large number of enforceable judgments against Member States and Institutions of the ECOWAS Community that are yet to be complied with.

“This meeting avails the Court the opportunity to dialogue with the Competent National Authorities of Member States.

“This is by sharing ideas and deliberating on international best practices and procedures for the enforcement of the judgments of the Court, which will go a long way in improving the enforcement statistics of the Court,” he said.

The News Agency of Nigeria (NAN) reports that the ECOWAS Community Court of Justice is the principal legal organ of the Economic Community of West African States (ECOWAS), mandated to interpret and enforce regional treaties, protocols and legal instruments among Member States. (NAN)(www.nannews.ng)

Edited by Yinusa Ishola/Sadiya Hamza