The Supreme Court has dismissed the suit challenging the establishment and prosecutorial powers of the Economic and Financial Crimes Commission (EFCC) and other key anti-graft agencies, including the Independent Corruption Practices and other related offences Commission (ICPC)and the Nigerian Financial Intelligence Unit (NFIU), among others.
A seven-member panel led by Uwani Abba-Aji unanimously dismissed the suit filed by 19 State governments for lacking in merit.
Delivering the lead judgement, Mrs. Abba-Aji held that the first plaintiff (Kogi AG) and others “opened the can of worms and skeletons in its cupboard” with its claim in the suit that the EFCC had invited and investigated officials of the state government, describing such a claim as the height of selfish reasons for the suit.
According to her, while the Kogi State government has a right to enact laws, any of its laws that contradict the EFCC, NFIU and ICPC Acts, which have been enacted by the National Assembly, cannot have the force of law.
“No state has the right to enact a law that is inconsistent with the laws enacted by the National Assembly,” she said, faulting the AG of Kogi for acting as a “puppet” for corrupt practices.
The lawsuit against EFCC was started by the Kogi State government some other States joined.
While some States later withdrew from the States, Benue had the singular distinction of suspending its attorney general and commissioner for justice for joining the lawsuit allegedly without prior authorisation from the Governor’s office.
After hearing the submissions of parties, the Supreme Court had Tuesday, October 22, reserved judgment on the suit, the same day three other States—Anambra, Adamawa and Ebonyi—also announced their withdrawal from the case.
According to the 19 State governments that insisted on the suit and led by Kogi (the 1st plaintiff), the establishment of EFCC and ICPC violated Nigeria’s constitution.
They argued that the establishment of the agencies ran contrary to a 2004 Supreme Court precedent, which, according to them, mandated that international conventions—such as the United Nations Convention against Corruption which gave rise to the EFCC Act – must get a majority vote from Nigeria’s state assemblies before becoming effective.
The plaintiffs contended that the EFCC Act bypassed this process, rendering the agency’s powers illegitimate.
Presenting their case on 22 October, the lead counsel for Kogi State, Mohammed Abdulwahab, urged the Supreme Court to uphold the states’ arguments.
He argued that the EFCC Act’s enactment “was never approved by the majority of states, as required by Section 12 of the constitution,” making its authority over non-consenting states unconstitutional.
But Lateef Fagbemi, the Attorney General of the Federation, rebutted these claims, arguing that past Supreme Court rulings, including AG Ondo v. AG Federation, had already settled the constitutional issues raised.
He requested the court dismiss the suit, contending that the EFCC Act’s legitimacy was well established by legal precedent.
The remaining plaintiffs that pursued the suit to its legal conclusion include Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu and Oyo States.
Others are Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun, and Taraba States.
