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Lagos Can’t Hijack Tinubu’s EFCC Case, State Laws Can’t Supersede FG Laws – Malami
- Malami averred that any state law that is at variance with provisions of the constitution and also conflicts with federal law cannot stand.
The newly promulgated anti-graft law by the Lagos state government has put it on a collision course with the federal government.
Ekohotblog had reported that Governor Babajide Sanwo-Olu assented to the Public Complaints and Anti-Corruption Commission Bill 2021 in April.
The new law will enable the state to prosecute corrupt individuals in private and public sectors in the state.
Sanwo-Olu had said the law would further entrench the culture of accountability and transparency in the expenditure of appropriated public funds in the state.
However, the attorney general of the federation, Abubakar Malami, said the new anti-corruption law in Lagos is legally invalid and can’t be enforced.
Malami averred that any state law that is at variance with provisions of the constitution and also conflicts with federal law cannot stand.
READ ALSO: Lagos To Hijack Tinubu’s Corruption Case From EFCC As Sanwo-olu Assents To Anti-graft Bill
Corroborating his assertion further, the attorney general said that federal laws can never be made subservient to state and local laws, adding that all state laws must operate within the ambit of the Nigerian constitution.
“The law is clear, where there is an inconsistency between the federal law and a state’s law, the state law naturally gives way,” Malami said during an interview on Channels TV.
“So I think it is a function of law we have been looking at it from the perspective of law and we shall certainly do the needful within the context of consistencies or otherwise. There is no way you can make Federal law subservient to local law, it is a constitutional provision, and within the context of legislation, the state must naturally operate within the constitutional bounds,” He added.
Provisions of the Lagos state anti corruption law forbids Federal anti-graft agencies from investigating anti-corruption cases relating to officials of the state, raising concerns on its operations as against that of the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices Commission (ICPC) Acts.
Section 13(3) of the Lagos anti-corruption law read: “The commission shall upon the commencement take over the investigation of all anti-corruption and financial crime cases involving the finances and assets of Lagos State Government being investigated by any other agency.” also, section 13(5) states that: “The commission shall have the power to the exclusion of any other agency or body to investigate and coordinate the investigation of corruption and financial crimes cases involving the finances and assets of the state government.”
However, Many believe the move by the state government is aimed at shielding top officials in the state from prosecution by federal government controlled EFCC and ICPC.
Among those many believe will be the main beneficiary of controversial laws are Speaker Mudashiru Obasa who is under EFCC investigation for corruption as well as former Lagos state Governor Bola Tinubu, both have come under the radar of the anti-graft agency in recent months over allegations of corruption and malfeasance.
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