Hundreds of Civil Society Organisations in Nigeria have kicked against what they described as a deliberate attempt by the Federal Government to disrespect the Nigerian Constitution and destroy the principles of federalism, using illegally constituted anti-graft agencies.
The CSOs, numbering about 200, say the government is trying to stop a court case started by 19 state governments. The case asks if agencies like the Economic and Financial Crimes Commission are legal. The groups think this shows the government knows these agencies might not be legal and is trying to pressure the Supreme Court.
In a statement on Sunday, signed by Ifeanyi Odili, the president, Campaign for Democracy; and Dapo Oluwole of the Transparency and Accountability Network, TAN, the activists faulted the Federal Government’s alleged pressure on the Supreme Court to dismiss a valid case, noting that they were fully in support of the fight against corruption but would not support the shenanigans of agencies working against the success of anti-graft efforts.
The groups say the Attorney-General’s reasons for dismissing the case don’t address the main issue – whether these agencies are allowed by the Constitution.
They want courts to ignore pressure from the government. They say it’s wrong that different governments have used the EFCC to intimidate people. They think this is why corruption keeps getting worse.
“When it comes to constitutional matters, all issues of concern must be properly and thoroughly interrogated and resolved by the judiciary without any attempts by the Federal Government to throw its weight around. In a federation such as ours, the Federal Government is not superior to the federating units and cannot always breath down their necks especially on matters of concurrent jurisdiction.”
The groups explain they’re not against anti-corruption agencies. They say Nigeria needs them because corruption is a big problem. But they say you can’t fight corruption with illegal agencies.
“However, you cannot fight a legal battle with an illegal body. To do so is to stand the very principle of justice on its head. If it is now discovered that the establishment of our anti-graft agencies was outside of the constitutional processes as stipulated by the 1999 Constitution of the Federal Republic of Nigeria as amended, then there is an urgent need for that aberration to be treated and healed before we proceed from here. Otherwise, all the actions of the anti-graft agencies would eventually amount to a nullity on the long run.”
They think it’s odd that the government is arguing against something that could help them. They believe the government is trying to force the courts to accept these agencies without properly checking if they’re legal.
“We see a deliberate design to force a fait accompli down the throat of the Judiciary in this matter by the Federal Government and this is not only unacceptable but will be resisted by all legal means, including public actions by CSOs. What exactly is the Federal Government afraid of? Why would you come against answers being demanded on constitutional questions?”
They say the government should let its best lawyers handle this in court. They think it’s wrong to try to stop people from asking questions about the Constitution.
Read also: Agbakoba to National Assembly: EFCC unconstitutionally established
“Why should anyone be opposed to this one? It is corruption to say that the constitutional issues surrounding anti-corruption agencies should not be determined by a court of competent jurisdiction. It is ridiculous to argue that the highest court in the land lacks jurisdiction over a constitutional issue. Which court can then entertain it?”
These groups want all issues about how government agencies are set up and run to be settled once and for all. They think this court case should be allowed to happen without problems.
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