The Supreme Court has dismissed a suit filed by 16 states challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and the Nigerian Financial Intelligence Unit (NFIU).
Delivering a unanimous judgment on Friday, a seven-member panel of justices declared the suit unmeritorious, affirming the legislative competence of the National Assembly to enact the laws governing these anti-corruption agencies.
In her lead judgment, Justice Uwani Abba-Aji resolved all six issues raised by the plaintiffs against them, stating that the EFCC Act is valid and binding on all states. She emphasized that the act, derived from a convention rather than a treaty, does not require ratification by state houses of assembly.
“The EFCC Act, which was not established from a treaty but a convention, does not need the ratification of the houses of assembly,” Justice Abba-Aji ruled.
She further explained: “Conventions are agreements by a larger number of nations and can be made binding on all states in Nigeria through the National Assembly’s legislative process, as is the case with the EFCC Act.”
Plaintiffs’ Arguments Rejected
The states had argued that the EFCC Act resulted from a United Nations convention and that its enactment without compliance with Section 12 of the 1999 Constitution was unconstitutional. They contended that treaties or conventions must be ratified by the majority of state assemblies before being domesticated into Nigerian law.
However, Justice Abba-Aji countered this claim, stating that “the investigative powers of the EFCC cannot be said to conflict with the legislative authority of state assemblies.” She added: “Any act competently enacted by the National Assembly cannot be deemed inconsistent with state laws.”
NFIU Guidelines Upheld
The court also upheld the legality of the NFIU guidelines, emphasizing that they are binding on all states as they were enacted under a valid law. Justice Abba-Aji clarified that the guidelines do not infringe on states’ rights but serve as a benchmark for managing public funds.
“In a country like Nigeria, the federating units do not have absolute power. The NFIU guideline is to present a benchmark and not to control the funds,” she explained.
Objections Dismissed
Justice Abba-Aji dismissed objections by the Federal Government regarding the court’s jurisdiction, affirming that the Attorney-General of the Federation (AGF), as the chief law officer of the federation, is a proper party to the case.
“Since the AGF is the chief law officer of the federation, he is by all means the proper and necessary party in the suit,” she noted.
Reactions
Reacting to the judgment, Abdulwahab Mohammed, SAN, Counsel to the Kogi Attorney-General, said: “This is an issue we have raised before the Federal High Court and the Court of Appeal, but it was not addressed. This ruling enriches our jurisprudence, and we thank your lordships for hearing us out.”
Rotimi Oyedepo, SAN, representing the AGF, praised the court’s decision. “Your lordships have permanently settled the legality of the anti-corruption agencies in fighting corruption,” he said.
The Supreme Court’s ruling reinforces the validity of the EFCC, ICPC, and NFIU Acts, marking a significant victory for the Federal Government in its fight against corruption.
