Kehinde Fajobi
The Supreme Court on Friday upheld the validity of the Economic and Financial Crimes Commission (EFCC) and two other anti-corruption agencies, dismissing a suit filed by 19 states challenging their legality.
In a unanimous decision by a seven-member panel led by Justice Uwani Abba-Aji, the court ruled that the EFCC Establishment Act of 2002 did not require ratification by the Houses of Assembly of the 36 states, as it was not a treaty but a convention.
Delivering the judgment, the court stated, “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 EFCC Establishment Act.
“In a country like Nigeria, the federating units do not have absolute power. The NFIU guideline is to present a benchmark and not to control the funds.
“Where an act of law is made by NASS like the NFIU and its guidelines, it is binding on all. Any act that has been competently enacted by the NASS cannot be said to be inconsistent.”
The court further clarified that laws enacted by the National Assembly on issues such as corruption and money laundering override state laws.
“The investigative power of the EFCC cannot be said to be in conflict with the legislative powers of the state assembly. I must agree with the AGF that the plaintiffs’ argument is not tenable in law,” it held.
The 19 states, through their Attorneys General, argued that Section 12 of the 1999 Constitution (as amended) was not followed when the EFCC was established.
They contended that the EFCC Act required approval from the majority of the state Houses of Assembly to be valid.
The plaintiffs maintained that the EFCC was created based on a United Nations Convention against Corruption, which was not properly domesticated as required by the constitution.
They further claimed the EFCC, ICPC, and NFIU were illegal institutions and should be declared null and void.
They also cited a precedent in Dr. Joseph Nwobike v. Federal Republic of Nigeria, asserting that due process was not observed when enacting the EFCC Act, rendering it inapplicable to states that did not approve it.
The Federal Government, represented by Attorney-General of the Federation and Minister of Justice Prince Lateef Fagbemi, SAN, described the suit as lacking merit.
He argued that the EFCC was validly established under Section 15(5) of the 1999 Constitution to combat corruption and financial crimes.
Fagbemi stated, “The plaintiffs’ contention that the EFCC Act stemmed from an improperly domesticated convention is unfounded. The EFCC was established in line with constitutional provisions.”
The court resolved all issues against the states, affirming that the EFCC and related agencies operate lawfully under Nigerian law.
The EFCC was established by the National Assembly on 12 December 2002 during the administration of former President Olusegun Obasanjo.
Operational activities began in April 2003 under its pioneer chairman, Nuhu Ribadu.