The Supreme Court has dismissed a lawsuit challenging the legal validity of the Economic and Financial Crimes Commission (EFCC) and two other federal anti-corruption agencies, ruling that they were lawfully established.
In a unanimous decision on Friday, a seven-man panel led by Justice Uwani Abba-Aji rejected the argument from 19 states that the EFCC’s creation violated constitutional requirements. The states had contended that the EFCC Establishment Act required ratification by the Houses of Assembly of all 36 states before its enactment.
However, the court ruled that the EFCC Act, passed by the National Assembly in 2002, did not require such approval, as it was not a treaty but a domestic convention. The judgment emphasized that laws passed by the National Assembly are binding on all states, regardless of whether state assemblies have ratified them.
“A convention would have been ratified by member states, and the National Assembly can make laws from it, which will be binding on all the states in Nigeria,” the court stated. The panel also clarified that the investigative powers of the EFCC do not conflict with state legislative powers.
The lawsuit had been initiated by Kogi State, with other states joining as co-plaintiffs. The states argued that Section 12 of the 1999 Constitution, which mandates that certain international agreements require approval by a majority of state assemblies, had not been followed in the creation of the EFCC.
The plaintiffs maintained that the EFCC’s establishment was invalid because it was not properly ratified, and that it should be considered an illegal institution. They also challenged the legitimacy of two other agencies—the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Nigerian Financial Intelligence Unit (NFIU).
The Federal Government, represented by the Attorney-General of the Federation, Prince Lateef Fagbemi, SAN, opposed the suit, arguing that the EFCC was lawfully created under the provisions of the 1999 Constitution. Fagbemi also refuted claims that the EFCC was improperly derived from an international convention.
In its ruling, the court emphasized the importance of the federal government’s efforts to combat corruption and financial crimes, declaring that any act lawfully enacted by the National Assembly is binding across the country.
