By Uzair Adam
The Supreme Court of Nigeria has dismissed a suit filed by Kogi State and 18 other states seeking to invalidate the operations of the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and Other Related Offences Commission (ICPC), and Nigerian Financial Intelligence Unit (NFIU).
In a unanimous decision delivered on Friday by a seven-member panel led by Justice Uwani Abba-Aji, the apex court ruled that the EFCC Establishment Act of 2002 did not require ratification by state Houses of Assembly.
The court emphasized that the Act was a federal law enacted by the National Assembly, which holds the constitutional power to legislate on such matters.
The plaintiffs, through their Attorneys General, had argued that the EFCC was created without compliance with Section 12 of the 1999 Constitution, which they claimed mandated the approval of state Houses of Assembly.
They asserted that the EFCC Establishment Act originated from an international convention and should have been subjected to a domestication process involving the states.
Rejecting these claims, the Supreme Court held that the National Assembly acted within its legislative competence in creating the EFCC.
The court further noted that the EFCC Act, along with other anti-corruption laws, is binding on all states, as it does not conflict with the Constitution.
The Federal Government, represented by the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, had urged the court to dismiss the suit, describing it as a challenge to the country’s anti-corruption framework.
Fagbemi argued that the EFCC and related agencies were validly established under Section 15(5) of the 1999 Constitution, which mandates the state to abolish corrupt practices and financial crimes.
The ruling affirms the legal standing of the EFCC, ICPC, and NFIU as critical agencies in Nigeria’s fight against corruption and financial crimes.