The Supreme Court on Friday dismissed a suit filed by 19 states challenging the legality of the Economic and Financial Crimes Commission and two other anti-corruption agencies established by the Federal Government.
The apex court, in a unanimous decision delivered by a seven-member panel led by Justice Uwani Abba-Aji, ruled that the EFCC Establishment Act of 2002 was validly enacted and did not require ratification by state Houses of Assembly.
The court emphasized that the EFCC Act was not a treaty but a convention, which does not necessitate ratification by the federating 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 court stated.
“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,” the court further ruled.
The apex court dismissed the plaintiffs’ argument that the EFCC Act contradicted the legislative powers of the state assemblies.
It stated, “Where the NASS has enacted several laws on corruption, money laundering, etc., no state has the right to make law to compete with them. The investigative power of the EFCC cannot be said to be in conflict with legislative powers of the state assembly. I must agree with the AGF that the plaintiffs’ argument, that is, the Houses of Assembly of the plaintiffs’ states, is not tenable in law.”
The Supreme Court also resolved all issues against the states, affirming the EFCC’s legality.
Background of the Case
The EFCC was established by an Act of the National Assembly on December 12, 2002, under the administration of former President Olusegun Obasanjo. Following Senate confirmation of its first Chairman, Mallam Nuhu Ribadu, the Commission began operations on April 13, 2003. The EFCC Establishment Act was later amended in 2004.
The suit, originally filed by Kogi State and joined by other states, alleged that the EFCC Act violated Section 12 of the 1999 Constitution, which mandates that treaties or conventions must receive the approval of a majority of state Houses of Assembly. They contended that the EFCC Act was an offshoot of the United Nations Convention against Corruption, which had not been properly domesticated in Nigeria.
The states also argued that the EFCC, along with the Independent Corrupt Practices and other Related Offences Commission and the Nigerian Financial Intelligence Unit should be deemed illegal institutions since they were established in violation of the Constitution.
The plaintiffs further claimed that the EFCC Act was inconsistent with the 1999 Constitution, asserting that any such inconsistency rendered it null and void. They relied on a Supreme Court decision in Dr. Joseph Nwobike vs. Federal Republic of Nigeria to support their case.
Federal Government’s Response
Represented by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, the Federal Government argued that the EFCC Act was valid under Section 15(5) of the 1999 Constitution. Fagbemi contended that the EFCC was not a product of an improperly domesticated international convention, as claimed by the states.
“The EFCC was validly established in line with the provision of Section 15(5) of the 1999 Constitution, as amended,” the AGF argued. He described the suit as a baseless attempt to undermine Nigeria’s fight against corruption and financial crimes.
Supreme Court Verdict
The Supreme Court ruled in favor of the Federal Government, affirming the EFCC’s legality and dismissing the states’ claims as meritless. The decision effectively upheld the legal status of the EFCC, ICPC, and NFIU, bolstering ongoing anti-corruption efforts in the country.