The Supreme Court on Friday rejected a suit brought by 19 states challenging the legality of the Economic and Financial Crimes Commission (EFCC) and two other anti-corruption agencies, upholding their establishment by the Federal Government. In a unanimous decision, a seven-member panel, led by Justice Uwani Abba-Aji, affirmed the constitutionality of the EFCC Establishment Act of 2002, dismissing the states’ contention that it was improperly created without ratification from state Houses of Assembly.
According to the court, the EFCC Establishment Act, passed by the National Assembly, does not require state-level approval, as it is not a treaty but rather a convention that the National Assembly can legislate upon, binding all states. “A convention would have been ratified by member states, and the National Assembly can make laws from it, which will be binding on all the states in Nigeria as it is in the case of the EFCC Establishment Act,” the panel ruled.
The Supreme Court further clarified that federal laws competently enacted by the National Assembly, such as those creating the EFCC, Independent Corrupt Practices and other Related Offences Commission (ICPC), and Nigerian Financial Intelligence Unit (NFIU), are binding across the federation. The investigative powers of these agencies, it ruled, do not conflict with the legislative authority of state assemblies.
“I must agree with the Attorney-General of the Federation that the plaintiffs’ argument, that is, the Houses of Assembly of the plaintiffs’ states, is not tenable in law,” the court declared, resolving all points of contention against the states.
The suit, which originated from Kogi State and was later joined by other states, argued that Section 12 of the 1999 Constitution required state approval for the establishment of such agencies. They contended that the EFCC Act, deriving from a United Nations Convention, was improperly domesticated without following constitutional procedures.
The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, representing the Federal Government, countered that the EFCC’s creation was valid under Section 15(5) of the 1999 Constitution, which mandates the state to abolish corruption and abuse of office. Fagbemi described the states’ legal challenge as a threat to Nigeria’s anti-corruption efforts.
