The Supreme Court has dismissed the suit filed by 16 states seeking to declare the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and the Nigerian Financial Intelligence Unit (NFIU) unconstitutional.
The court described the suit as lacking in merit and upheld the legal foundation of the anti-corruption bodies.
Delivering the lead judgment on Thursday, Justice Uwani Abba-Aji declared that the states were wrong in their argument that the EFCC, established by an Act of the National Assembly, was an illegal entity.
The seven-member panel of justices ruled that the establishment of the EFCC was within the powers of the National Assembly and did not require ratification by the state houses of assembly.
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Justice Abba-Aji explained that the EFCC Act, unlike international treaties, did not require compliance with Section 12 of the 1999 Constitution, which mandates that conventions must be approved by the National Assembly and the majority of state assemblies before becoming law.
The court dismissed the constitutional challenge mounted by the plaintiff states, stating that the provisions for creating such anti-corruption agencies did not violate the Constitution.
The lawsuit, originally filed by the Attorneys-General of Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger states, argued that the establishment of the EFCC and other agencies was unconstitutional because they were not subject to approval by the state legislatures.
Although some states later withdrew from the suit, others, including Imo, Bauchi, and Osun, joined the action as co-plaintiffs.
In a statement following the ruling, the EFCC’s Director of Public Affairs, Wilson Uwujaren, expressed relief and emphasized that without the anti-graft agency, Nigeria’s fight against corruption would face insurmountable challenges.
“Nigeria cannot do without the EFCC, considering the depth of corruption in the country,” Uwujaren said.
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Prominent human rights lawyer, Femi Falana, also weighed in, asserting that while the controversy over the legality of the EFCC continues, the focus should shift towards ensuring the autonomy of these agencies, rather than attempting to dismantle them.
“The EFCC, ICPC, and other institutions like the Code of Conduct Tribunal have come to stay,” Falana stated. “What we need are measures to make sure they are independent of political influence.”
However, senior lawyer Olisa Agbakoba had earlier argued in letters to the National Assembly that the EFCC was unlawfully established, stating that its powers exceeded the National Assembly’s authority.
