Posted by By GODWIN TSA, Abuja on
Embattled former Inspector-General of Police, Mr. Tafa Balogun, standing trial on 50 counts hinging on money laundering, has told a Federal High Court that the Economic and Financial Crimes Commission (EFCC), which dragged him before the court, is an illegal body which has no constitutional powers to try him.
Embattled former Inspector-General of Police, Mr. Tafa Balogun, standing trial on 50 counts hinging on money laundering, has told a Federal High Court that the Economic and Financial Crimes Commission (EFCC), which dragged him before the court, is an illegal body which has no constitutional powers to try him.
Balogun in his preliminary objections seeking to quash the charges against him, contended that the officials of the EFCC lack the constitutional backing to exercise the powers and carry out the duties and responsibility of officers and men of the police, having not being members of the police.
Counsel to the former police boss, Chief Adegboyega Awomolo (SAN), who moved the objections argued that, "no person or authority by whatever guise in clothed, can second or put to use police officers and men in rival organization."
Awomolo who urged the court not to encourage an act of illegality stated that, "it is settled law that where an act is illegal or inconsistent with the law, no court will accept it as a defence to escape liability."
He submitted further that the powers under the Nigeria Police Act is directly derived from section 214 of the constitution, adding that, "it is obligatory on all courts, persons and authorities to consider and regard the Police Act as part of the constitution with equal force as the constitution itself."
The defence counsel also argued that, "from a sober comparison of the two Acts of the National Assembly, the powers, functions and duties conferred upon the EFCC are inconsistent with section 214 of the constitution and the Police Act. The most important question arising from the above submissions is whether the EFCC can share the powers and functions constitutionally preserved, exclusively, to the Nigeria Police. The answer is in the negative."
He submitted that the National Assembly in duplicating the powers exclusively preserved for the Nigeria Police on the EFCC acted ultra vires in its legislative powers, adding that, "the exercise of legislative power here is not a general power pursuant to Section 214 of the 1999 Constitution, it is an exercise deliberately in ignorance or disregard of express provision of the constitution."
Accordingly, Balogun urged the court to, " hold that the officials of the EFCC, by conducting investigation to crimes allegedly committed by him, erroneously pursuant to EFCC Act, acted in violation of the constitution. The claim of the EFCC to supremacy under the Act of the National Assembly is inconsistent with the constitution, invalid, null and void."