The Supreme Court of Nigeria has ruled against a challenge to the legality of the Economic and Financial Crimes Commission (EFCC) and two other anti-corruption agencies, affirming their establishment as lawful.
In a unanimous decision delivered on Friday by a seven-member panel led by Justice Uwani Abba-Aji, the court dismissed the suit filed by 19 states questioning the legal foundation of the EFCC, which was created in 2002.
The court concluded that the EFCC Establishment Act does not require ratification from the Houses of Assembly of all 36 states, as it is not classified as a treaty but rather a convention.
Justice Abba-Aji stated, “In a country like Nigeria, the federating units do not have absolute power,” emphasizing that laws enacted by the National Assembly are binding across all states.
The plaintiffs argued that the establishment of the EFCC violated Section 12 of the 1999 Constitution, which mandates that treaties must be ratified by a majority of state assemblies before becoming law.
They contended that since this process was not followed, any agency formed under such legislation should be deemed illegal.
However, the court rejected these claims, asserting that the EFCC Act was competently enacted and consistent with constitutional provisions aimed at combating corruption.
The ruling also extends to the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Nigerian Financial Intelligence Unit (NFIU), which were similarly challenged by the states.
The case, originally initiated by Kogi State's Attorney General, saw participation from several other states, with some withdrawing and others joining as co-plaintiffs. The Federal Government had previously urged dismissal of the suit for lack of merit, arguing that the EFCC was established in accordance with constitutional guidelines.
