Supreme Court Rules in Favor of EFCC, Dismisses Lawsuit by 19 States

The Supreme Court has upheld the constitutionality of the Economic and Financial Crimes Commission (EFCC) and other anti-corruption bodies, dismissing a lawsuit filed by 19 state governments. The court ruled on Friday that the laws establishing the EFCC, the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and the Nigerian Financial Intelligence Unit (NFIU) were validly enacted by the National Assembly.

The states involved in the suit include Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Anambra, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Adamawa, Taraba, Ebonyi, and Imo. Ogun and Nasarawa states were also part of the suit but were concerned specifically with the NFIU’s guidelines and advisory.

A seven-member panel of justices, led by Justice Uwani-Abba-Aji, unanimously dismissed the case, finding that the plaintiffs’ claims were without merit. The court addressed six issues raised by the plaintiffs and concluded that the laws underpinning the anti-corruption agencies were within the National Assembly’s legislative authority.

At the heart of the dispute was the plaintiffs’ argument that the EFCC Act, which they claimed was derived from the United Nations Convention Against Corruption, should have been ratified by a majority of state houses of assembly, as required by Section 12 of the 1999 Constitution for international treaties. They argued that the EFCC law violated this provision when it was enacted in 2004.

However, the court disagreed, ruling that the EFCC Act, though inspired by an international convention, did not require approval by state assemblies. Justice Abba-Aji explained that conventions, unlike treaties, do not need to be ratified by state legislatures but are instead enacted by the National Assembly and become binding on all states.

“The EFCC Act is not a treaty but a convention,” Justice Abba-Aji stated, “and conventions only come into force when a significant number of countries have agreed to them. Therefore, the EFCC Act, which was enacted by the National Assembly, does not require ratification by the houses of assembly.”

The court also rejected claims that the EFCC’s investigative powers conflicted with the legislative authority of state assemblies. Justice Abba-Aji emphasized that laws passed by the National Assembly, such as those related to corruption, money laundering, and anti-terrorism, apply uniformly across Nigeria, and states cannot create competing legislation.

“The investigative powers of the EFCC do not infringe upon the legislative powers of the states,” the judge said. “Any law enacted by the National Assembly, including the NFIU guidelines, is binding on all states and cannot be deemed inconsistent with the constitution.”

The Supreme Court’s decision also clarified that the NFIU’s guidelines, which some states had contested, did not violate the constitution’s provisions regarding state finances. The court rejected objections raised by the Federal Government concerning the jurisdiction of the case, affirming that the matter was within the court’s purview since it involved a dispute between the federal government and the states over the NFIU’s directive.

In conclusion, the Supreme Court dismissed the suit in its entirety, reaffirming the legal foundation of the EFCC and related agencies and declaring that the National Assembly’s actions were constitutionally valid.