The Supreme Court is poised to deliver a ruling today on a significant lawsuit filed by 19 state governments contesting the constitutionality of the Economic and Financial Crimes Commission (EFCC).
This ruling could have far-reaching implications for the anti-corruption body and its operations.
The governors argue that the EFCC was improperly established, citing a precedent from the Supreme Court in the case of Dr. Joseph Nwobike vs. Federal Republic of Nigeria.
They contend that the 2004 EFCC Establishment Act violated Section 12 of the 1999 Constitution, which requires a majority approval from state assemblies for conventions to be incorporated into Nigerian law.
“The law, as enacted, could not be applied to states that never approved it, making the institution illegal,” they argue.
Initiated by Kogi State, the suit includes participation from Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger states.
A seven-member panel, led by Justice Uwani Abba-Aji, has set today for a ruling on this contentious issue.
The EFCC has expressed concern over the legal challenge, with Director of Public Affairs Wilson Uwujaren stating, “We are shocked by what is happening. Nigerians should see through this shenanigan and oppose it.”
He emphasized the necessity of the EFCC in combating corruption, insisting, “Nigeria cannot do without the EFCC.”
Prominent legal figures have voiced differing opinions on the matter. Dr. Olisa Agbakoba, former President of the Nigerian Bar Association, claims the EFCC was unlawfully established, arguing, “The EFCC is an unlawful organization.”
Human rights activist Femi Falana defends its constitutionality, asserting Agbakoba’s claims stem from a misunderstanding of federalism principles.
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Chico Onumah, Executive Director of the Africa Center for Media Information and Literacy, supports the EFCC, stating, “The laws that led to the setting up of the commission went through due process.”
He commended its contributions to fighting corruption, while noting room for improvement.
Critics of the governors’ suit, including Auwal Rafsjani of the Civil Society Legislative Advocacy Centre, argue that the legal challenge undermines anti-corruption efforts and the autonomy of local governments. He condemned the actions as a threat to accountability in governance.
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