The Supreme Court has dismissed a suit filed by 16 states challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) and two other agencies, affirming the agencies’ legitimacy.
The plaintiffs argued that the EFCC Establishment Act was based on a UN Convention against corruption, citing the Supreme Court’s ruling in Dr. Joseph Nwobike vs. Federal Republic of Nigeria and claiming that the law’s enactment in 2004 violated Section 12 of the 1999 Constitution.
They contended that incorporating a convention into Nigerian law necessitates compliance with the provisions of Section 12.
According to them, the provision of the Constitution necessitated the majority of the states’ Houses of Assembly agreeing to bringing the convention in before passing the EFCC Act and others, which was allegedly never done.
While delivering judgment on Friday, Justice Uwani Abba-Aji, leading a seven-member panel of justices, held that “the EFCC Act, which is not a treaty but a convention, does not need the ratification of the houses of assembly.”
The Judge said: “Let me first look at the constitutional provision. The plaintiffs rely on Section 12 of the Constitution in their argument. A treaty is an agreement reached by two or more countries which has to be ratified.
“Convention: Conventions are agreed by a larger number of nations. Conventions only come into force when a larger number of countries agree.
“Therefore, the EFCC Act, which is not a treaty but a convention, does not need the ratification of the houses of assembly.
“A convention would have been ratified by member states, and the NASS can make laws from it, which will be binding on all the states in Nigeria as it is the case of the EFCC Establishment Act.”
The Supreme Court unanimously dismissed the suit in its entirety, ruling in favour of the defendant and upholding the constitutionality of the EFCC Establishment Act.
The court added: “In a country like Nigeria, the federating units do not have absolute power. The Nigerian Financial Intelligence Unit’s (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.
“Where the NASS has enacted several laws on corruption, money laundering, etc., no state has the right to make law to compete with it.
“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, that is, the houses of assembly of the plaintiffs states, is not tenable in law.”
The court ruled that the NFIU guidelines did not violate the constitution, affirming states’ ability to manage their funds.
The judges unanimously dismissed the suit for lack of merit, in line with the court’s precedent on constitutional and financial matters.
The Federal Government had previously had all of its objections to the state-filed suit dismissed by the court.
Justice Abba-Aji said the plaintiff’s case was against the Attorney-General of the Federation and not any of the agencies mentioned; hence, the Supreme Court has jurisdiction to determine it.
He ruled: “Since the AGF is assumed to be the chief law officer of the federation, he is by all means the proper and necessary party.
“The AGF has locus standi to institute action against anyone, and the AGF can be sued in any civil matter against the government.
“It is clear that the Federal Government has legal tussle with the states based on the directive of the NFIU, with which the states are contending. The preliminary objection is hereby dismissed.”
Reacting, the counsel to Kogi State, Mr. Abdulwahab Mohammed (SAN), said: “This is an issue we have raised before the FHC; it was not addressed. We raised it at the Appeal Court and it was not addressed. This is going to enrich our jurisprudence. We thank your lordship for hearing us out.”
The representative of the AGF, Mr. Rotimi Oyedepo (SAN), said: “We convey our gratitude to the court for your wisdom. Your lordship has permanently settled the legality of the anti-corruption agency in fighting corruption.”
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