The Supreme Court has dismissed a lawsuit filed by 16 states challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and the Nigerian Financial Intelligence Unit (NFIU).
Delivering the lead judgment, Justice Uwani Abba-Aji ruled that the EFCC, established by an Act of the National Assembly, is a lawful entity.
“The states were completely wrong in holding that EFCC, established by an Act of the National Assembly, was an illegal and unlawful body,” she stated.
She further clarified that the EFCC Act, not being a treaty but a convention, does not require ratification by state Houses of Assembly.
The case, initiated by attorneys general from states including Ondo, Edo, and Oyo, sought to scrap the anti-corruption agencies, claiming they were unconstitutional.
While some states, such as Anambra and Adamawa, withdrew from the case, others like Imo and Bauchi joined as co-plaintiffs during the hearing on October 22.
The plaintiffs argued that the EFCC Act, derived from a UN Convention against corruption, violated Section 12 of the 1999 Constitution, which requires state legislative ratification for any such convention to take effect in Nigeria.
They contended that the law could not apply to states that did not approve it.
Senior Advocate of Nigeria (SAN) Olisa Agbakoba, in a prior statement, had described the EFCC as “unconstitutionally established,” asserting that its powers exceeded those granted to the National Assembly.
Defending the EFCC, its Director of Public Affairs, Wilson Uwujaren, emphasized the agency’s necessity.
“Nigeria cannot do without the EFCC,” he said, accusing those behind the suit of attempting to evade accountability.
Human rights lawyer Femi Falana also supported the EFCC, stating, “What we should be demanding are measures to make these institutions autonomous, not under the control of any government.”
The apex court dismissed the case as lacking merit.
It clarified that the suit, though targeting the Attorney-General of the Federation, fell within its jurisdiction to determine.
