The Supreme Court has dismissed the suit instituted by some states challenging the establishment of the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Nigerian Financial Intelligence Unit (NFIU).
The seven-man panel of justices led by Justice Uwani Abba-Aji, in a unanimous decision, dismissed the suit on Friday for lacking in merit.
The case, marked SC/CV/178/2023, was brought by the Kogi State Government and later joined by 18 other states contesting the constitutionality of the EFCC’s establishment.
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The original plaintiffs included Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Anambra, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Adamawa, Taraba, Ebonyi, and Imo states. However, Anambra, Adamawa, and Ebonyi have since withdrawn from the case.
Abdulwahab Mohammed, the Attorney General of Kogi State, argued that there is no explicit provision in the Nigerian Constitution for the creation of the EFCC, claiming that the anti-graft body stemmed from a recommendation of a United Nations convention and was not properly ratified.
The Court dismissed this claim by the plaintiffs that the EFCC Act, being a product of the United Nations Convention on corruption, ought to be ratified by a majority of the state House of Assembly.
Abba-Aji stated that the EFCC Act which is not a treaty but a convention, does not need the ratification of the houses of assembly.
He held that the laws establishing the anti-corruption agencies were validly enacted by the National Assembly within its legislative competence.
“Where the National Assembly 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 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 held.
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The defendant, Lateef Fagbemi, the Attorney-General of the Federation and Minister of Justice, contended that the EFCC was not established solely on the recommendation of the UN convention. He referenced Section 15(5) of the 1999 Constitution, which states that “the State shall abolish all corrupt practices and abuse of power,” asserting that this provision provides the legal basis for the EFCC’s existence.
Fagbemi urged the Court to dismiss the application in its entirety. He said that a ruling in favour of the plaintiffs could create the impression that the Supreme Court opposes anti-corruption efforts.
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