Highlight

Supreme Court upholds EFCC’s legitimacy, dismisses governors’ suit

871

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.”

Leave a comment

Related Articles

Ebonyi Man’s Acquittal Raises Concerns Over Misuse of State Laws, Institutions – S4C

Spaces for Change (S4C) has expressed serious concerns about how those in...

Sen. Peter Nwaoboshi dies, Delta Gov. mourns

Sen. Peter Onyelukachukwu Nwaoboshi, who previously represented the Delta North Senatorial District,...

Senate confirms Mohammed, Eyesan as NMDPRA, NUPRC CEOs

The Senate has confirmed the appointments of Saidu Mohammed and Oritsemeyiwa Eyesan...

Colleagues’ Intervention Fails as Opeyemi Aiyeola Snubs Jamiu Azeez’s Apology

Nollywood actress Opeyemi Aiyeola has continued to keep her distance from her...

Supreme Court Dismisses INEC’s Appeal Against SDP, Imposes N2m Fine

In a unanimous decision on Friday, the Supreme Court threw out INEC’s...

Nigeria’s Football Leagues Get Massive Boost with ₦40bln Sponsorship Deal

Nigeria’s domestic football scene is set to receive a major injection of...

160 Suspects Nabbed in FCT’s Latest Crime Crackdown, 300 Cases Recorded

More than 300 crime cases were reported between October and December 2025 in...

Tinubu Approves New Board for NERC, Oseni Takes Helm

President Bola Tinubu has approved the reconstitution of the Board of the...

Alleged Land Document Forgery: Court Remands FCTA Director In Prison

The Director of Lands with the Federal Capital Territory Administration (FCTA), Adamu...

Breaking: FG reopens 47 unity schools

The Federal Government has announced the reopening of the 47 unity schools...

Ambassadors: Senate Confirms Jimoh Ibrahim, ex-Rivers Administrator Ibas, INEC’s Yakubu, Reno, 60 Others

The Senate on Thursday, December 18, confirmed 64 ambassadorial and high commissioner...

NPA Unveils Ambitious Plans for Maritime Growth

The Nigerian Ports Authority (NPA) is gearing up for a major transformation,...

NPA Sees Massive Growth in Export Containers, Cargo Throughput

The Nigerian Ports Authority (NPA) has posted an impressive performance in the...

NDPHC at 20: Shettima Reaffirms FG’s Commitment to Power Sector Reforms

Vice President Kashim Shettima has reiterated the Federal Government’s dedication to modernizing...

ACP Collapses, Dies During Ebonyi Police Meeting

Assistant Commissioner of Police (ACP) Ogbon-Inu Taiwo Popoola, the officer in charge...

Yuletide: FCT Police deploy 2,000 personnel to secure worship centres, others

No fewer than 2,000 police personnel have been deployed to places of...

College Provost Jailed for Fake Varsity Document

Samson Orijugo, the Provost of Adonai Advanced Institute of Management, has been...

‘I Left Over N300bln in State’s Coffers Before Emergency Rule’ – Rivers Gov. Fubara

Governor Siminalayi Fubara revealed on Wednesday that Rivers State had over N300...

House of Reps Flags Unauthorized Changes to Tax Laws

Rep. Abdussamad Dasuki has alerted the House of Representatives to alleged discrepancies...

Just In: 4 Onboard as Aircraft Crashes in Owerri

A Cessna 172, registered as 5N-ASR and operated by Skypower Express, crashed...