The Supreme Court has dismissed a lawsuit filed by 16 states challenging the legality of the Acts establishing the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and the Nigerian Financial Intelligence Unit (NFIU).
The suit, brought against the Attorney-General of the Federation, questioned the constitutionality of these anti-corruption agencies. However, in a judgment delivered by Justice Uwani Abba-Aji, the Apex Court ruled that the case lacked merit.
Justice Abba-Aji, who delivered the lead judgment on behalf of a seven-member panel, stated that the states were incorrect in their assertion that the EFCC, created by an Act of the National Assembly, was illegal. The court clarified that the EFCC Act, unlike a treaty, does not require ratification by state Houses of Assembly.
Although the Federal Government initially raised objections to the lawsuit, the Supreme Court overruled them, affirming its jurisdiction to hear the case since it was brought against the Attorney-General rather than the agencies themselves.
The legal challenge, originally initiated by attorneys general of 16 states—including Ondo, Edo, Oyo, Ogun, and others—sought to dismantle the anti-graft agencies on the grounds that they were not properly established under the Nigerian Constitution. The plaintiffs argued that the EFCC Act was derived from a United Nations Convention against corruption and that its enactment in 2004 failed to comply with Section 12 of the 1999 Constitution, which requires legislative approval from a majority of state Houses of Assembly.
Some states withdrew from the suit during proceedings, while others, such as Imo, Bauchi, and Osun, joined as co-plaintiffs. Meanwhile, Anambra, Ebonyi, and Adamawa states withdrew their cases, leading to their dismissal by the court.
The plaintiffs contended that the EFCC Act was unconstitutional because it was not ratified by state legislatures, thereby making it inapplicable to states that did not consent to it. However, the Supreme Court rejected this argument, upholding the validity of the anti-corruption agencies as established by federal law.
