Abuse of power: Group urges NJC to investigate Justice Ntong

“The law is now firmly established that proceedings no matter how well conducted and orders made by a court without jurisdiction are a nullity. 

“The locus classicus on this is Madukolo v. Nkemdilim (1962) 2 SCNLR 341.

“On the power of Federal law enforcement agencies to investigate state government, this is an issue resolved by the Supreme Court in the case of Attorney General of Ondo State v. Attorney General of the Federation (2002) 9 NWLR (Pt.772) 2222. 

“Relying on Sections 4 (4) and 15 (5) and items 60 (a) and 67 of the First Schedule to the Constitution and other enabling provisions, the Apex Court upheld, validated and sustained the ICPC and its establishment Act and dismissed the arguments canvassed by Ondo State. 

“This decision was followed consistently in subsequent cases on the subject.

“The power to prosecute economic crimes is exclusive to the Federal Government. 

“It is not shared with the States. See the Supreme Court decision in Nyame v. Federal Republic of Nigeria (2010) 11 NWLR (Pt. 1193) 344. 

“In the Amadi v. Federal Republic of Nigeria (2008) 18 NWLR (Pt. 1119) 259 at 276, Muktar, JSC (as he then was) held that: 

“Indeed, the EFCC is a common agency for both the Federal and State Economic and Financial Crimes”.

“In the light of the position of the law as encapsulated above, it is most shocking, regrettable and embarrassing that Mr Nwoko, who is the Chief Law Officer of Akwa Ibom State by virtue of Section 195 of the Constitution, purported to set “a precedent” over an issue that the Supreme Court of Nigeria has settled. 

“If the Attorney General is oblivious of the state of the law on a constitutional issue like this, what becomes of the rule of law and justice in Akwa Ibom State?

“The injunction granted by Justice Ntong is a daring slap on the face of the Supreme Court, the constitution and the Judiciary,” the petition read.

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