The Supreme Court has dismissed a suit filed by 16 states challenging the constitutionality of the Acts establishing the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and the Nigerian Financial Intelligence Unit (NFIU).
The apex court ruled the case lacked merit.
Delivering the lead judgment, Justice Uwani Abba-Aji, who presided over a seven-member panel, held that the states’ argument against the legality of the EFCC Act was fundamentally flawed.
Justice Abba-Aji clarified that the EFCC Act, enacted by the National Assembly, is not a treaty requiring ratification by state houses of assembly but a valid legislative measure within federal jurisdiction.
The court also dismissed earlier objections raised by the Federal Government, affirming its jurisdiction to determine the suit. Justice Abba-Aji noted that the plaintiffs’ case was directed against the Attorney-General of the Federation, not the anti-corruption agencies themselves.
The suit, initially filed by attorneys general of 16 states, sought the abolition of the EFCC and related agencies, alleging that the establishment of the anti-graft bodies violated Section 12 of the 1999 Constitution.
The states argued that the EFCC Act stemmed from a United Nations Convention, which required approval from the majority of state houses of assembly before being domesticated.
While states such as Ondo, Edo, Oyo, and Ogun spearheaded the case, others like Anambra, Ebonyi, and Adamawa later withdrew.
The court subsequently struck out their suits. On the other hand, Imo, Bauchi, and Osun states joined as co-plaintiffs during the October 22 hearing.
The plaintiffs argued that laws inconsistent with the constitution were null and void, claiming the EFCC Act did not meet the constitutional threshold for domestication and therefore could not be enforced in non-consenting states.
The dismissal of the suit has drawn mixed reactions. The EFCC, through its Director of Public Affairs, Wilson Uwujaren, described the case as an attempt by those feeling the heat of the agency’s anti-corruption crusade to evade accountability.
“Nigeria cannot survive without the EFCC,” Uwujaren said during a recent television interview. “This lawsuit is nothing but a shenanigan designed to undermine the fight against corruption.”
Similarly, human rights lawyer Femi Falana (SAN) defended the continued existence of anti-corruption bodies like the EFCC and ICPC.
Speaking on Channels Television, Falana argued that such institutions should be strengthened and made autonomous to ensure their effectiveness.
“For me, the ICPC and EFCC have come to stay,” Falana said. “What we should focus on are measures to make these institutions independent of government control.”
However, Senior Advocate of Nigeria, Olisa Agbakoba, maintained his stance that the EFCC was “unconstitutionally established.”
In separate letters to the National Assembly, Agbakoba called for a comprehensive review of the agency’s legal framework.
“I strongly believe the EFCC is an unlawful organization,” Agbakoba wrote. “This case will settle the lingering question of the commission’s validity.”
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