Supreme Court Dismisses States’ Suit Challenging Constitutionality Of EFCC, Others

THE Supreme Court, on Friday, dismissed the suit instituted by 16 states of the federation against the Attorney-General of the Federation (AGF), challenging the constitutionality of the acts establishing the Economic and Financial Crimes Commission and two others.

The other agencies are the Independent Corrupt Practices and other related offences Commission (ICPC) and the Nigerian Financial Intelligence Unit (NFIU).

A seven-member justices, in a unanimous judgment, held that the suit was unmeritorious.

In the lead judgment by Justice Uwani Abba-Aji, the Supreme Court resolved the six issues raised for determination in the suit against the plaintiffs.

The court held that the laws establishing the anti-corruption agencies were validly enacted by the National Assembly within its legislative competence.

It faulted the claim by the plaintiffs that the EFCC Act, being a product of the United Nations convention on corruption, ought to be ratified by majority of the state’s houses of assembly.

The plaintiffs had, in their suit, argued that the Supreme Court, in Dr Joseph Nwobike Vs Federal Republic of Nigeria, had held that it was a UN Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.

They argued that, in bringing a convention into the Nigerian law, the provision of Section 12 must be complied with.

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 judgement on Friday, Justice Abba-Aji ruled that “the EFCC Act, which was not established from a treaty but a convention, does not need the ratification of the houses of assembly.”