The Supreme Court of Nigeria has dismissed a lawsuit filed by several state Attorneys General questioning the constitutionality of the Economic and Financial Crimes Commission (EFCC). The apex court, in a unanimous judgment led by Justice Uwani Abba-Aji, ruled on Friday that the EFCC Act is constitutional and within the legislative powers of the National Assembly.
The lawsuit, initiated by Kogi State, argued that the EFCC Act and related anti-corruption laws violated Section 12 of the 1999 Constitution. The section mandates ratification by a majority of state Houses of Assembly for treaties like the United Nations Convention Against Corruption to become enforceable laws.
Kogi State’s counsel, Mohammed Abdulwahab, SAN, argued that this requirement was not met, rendering the EFCC Act invalid. He also claimed that the EFCC and other agencies lack authority to investigate or prosecute misuse of state or local government funds.
However, Attorney General of the Federation, Lateef Fagbemi, SAN, defended the EFCC’s role, stating that disbanding the agency would derail the fight against corruption.
The Supreme Court sided with the federal government, asserting that the National Assembly has exclusive legislative power to enact laws against corruption. Justice Abba-Aji noted, “No state has the right to enact laws that contradict statutes passed by the National Assembly.”
In a stinging rebuke, the court accused the plaintiffs of exposing their “selfish motives,” pointing out that the lawsuit appeared aimed at shielding state officials from EFCC investigations.
The court dismissed the case entirely, affirming the EFCC’s mandate to tackle corruption nationwide.
Peoplesmind
