The Supreme Court has dismissed a lawsuit filed by several state Attorneys General questioning the constitutionality of the Economic and Financial Crimes Commission (EFCC). The apex court ruled unanimously that the lawsuit lacked merit, reaffirming the EFCC’s legitimacy under Nigerian law.
The Lawsuit and Its Basis
Kogi State initially filed the suit, with counsel Mohammed Abdulwahab, SAN, arguing that the EFCC Establishment Act incorporated the United Nations Convention Against Corruption without adhering to Section 12 of the 1999 Constitution. This section stipulates that any treaty must be ratified by the National Assembly and supported by a majority of state Houses of Assembly before it can have the force of law.
Abdulwahab further argued that the EFCC Act and related laws were unconstitutional because they did not meet these requirements. He urged the court to declare the EFCC Act, the Independent Corrupt Practices and Other Related Offenses Commission (ICPC) Act, and the Nigerian Financial Intelligence Unit (NFIU) Act invalid, claiming they undermined state control over local government funds.
The Federal Government’s Defense
Attorney General of the Federation, Lateef Fagbemi, SAN, countered the claims, stating that disbanding the EFCC and similar agencies would severely weaken the nation’s fight against corruption. He argued that the National Assembly had the legislative authority to establish such laws to combat corruption nationwide.
Supreme Court’s Verdict
The Supreme Court, led by Justice Uwani Abba-Aji, ruled in favor of the EFCC, affirming that the National Assembly has the constitutional authority to enact anti-corruption laws. The court stated that no state can pass legislation contradicting federal statutes.
In its judgment, the court noted that the plaintiffs, particularly the Kogi State Attorney General, seemed motivated by self-interest. By revealing that state officials were being investigated by the EFCC, the plaintiffs inadvertently exposed what the court described as “a can of worms.”
“The plaintiff’s suit fails and is hereby dismissed in its entirety,” Justice Abba-Aji declared.
Why It Matters
This ruling underscores the federal government’s authority to enact and enforce anti-corruption laws that apply to all states and local governments. It also sends a strong message against attempts to weaken the EFCC and similar agencies, which are pivotal in combating financial crimes in Nigeria.
The Bottom Line
The Supreme Court’s decision reaffirms the legitimacy of the EFCC and other anti-corruption agencies, bolstering their efforts to hold public officials accountable. The dismissal of the lawsuit reflects the judiciary’s stance against undermining critical institutions designed to protect Nigeria’s financial integrity.
