In a landmark judgment on Friday, the Supreme Court dismissed a suit filed by 19 states against the Attorney-General of the Federation (AGF), challenging the constitutionality of the Acts establishing the Economic and Financial Crimes Commission (EFCC) and two other anti-corruption agencies.
The plaintiffs argued that the EFCC Act of 2004 was based on a United Nations Convention Against Corruption and that its enactment violated Section 12 of the 1999 Constitution.
According to their claims, the Constitution mandates that for any treaty to be domesticated as Nigerian law, it requires approval by a majority of state Houses of Assembly a step they alleged was not followed.
However, Justice Uwani Abba-Aji, leading a seven-member panel, dismissed the argument, clarifying that the EFCC Act is not a treaty but a convention. “The EFCC Act, which is not a treaty but a convention, does not need the ratification of the Houses of Assembly,” Justice Abba-Aji stated.
She explained that conventions, unlike treaties, are agreements endorsed by multiple nations and enacted into national laws by legislative bodies without requiring state-by-state ratification.
The Court further affirmed that the National Assembly’s authority to legislate on anti-corruption matters supersedes the powers of state assemblies.
Justice Abba-Aji emphasized that any laws competently enacted by the National Assembly, such as those establishing the EFCC and the Nigerian Financial Intelligence Unit (NFIU), are binding on all states.
“In a federation like Nigeria, states do not possess absolute legislative powers. The EFCC’s investigative authority and the NFIU guidelines are not in conflict with the Constitution,” the judgment read.
The justices unanimously dismissed all issues raised by the plaintiff states, ruling that the claims lacked merit. The Court also upheld the AGF’s standing to be sued as the federal government’s chief legal officer and reaffirmed its jurisdiction over the matter.
The ruling has drawn varied reactions. Counsel to Kogi State, Abdulwahab Mohammed, SAN, acknowledged the decision as a contribution to Nigeria's legal framework, stating, “This will enrich our jurisprudence.”
Meanwhile, Rotimi Oyedepo, SAN, representing the AGF, lauded the Court for settling the debate. “Your lordship has permanently settled the legality of the anti-corruption agency in fighting corruption,” he remarked.
This judgment marks a significant step in affirming the authority of federal anti-corruption laws, solidifying the legal framework for Nigeria’s battle against financial crimes and corruption.
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