…..dismisses suit by Kogi, 18 other states

The Supreme Court on Friday upheld the legality of the Economic and Financial Crimes Commission (EFCC) and two other federal anti-corruption agencies, rejecting a lawsuit filed by 19 states challenging their establishment. In a unanimous decision delivered by a seven-member panel led by Justice Uwani Abba-Aji, the court ruled that the EFCC Establishment Act of 2002 did not require ratification by state Houses of Assembly, as it is not a treaty but a convention. The court emphasized that acts of the National Assembly are binding on all states and cannot be overruled by state laws.

The states, represented by their Attorneys General, had argued that the EFCC Act was improperly enacted without compliance with Section 12 of the 1999 Constitution, which mandates the involvement of state legislatures in such cases. They contended that the EFCC Act stemmed from a United Nations Convention against corruption that was not properly domesticated in Nigeria. Additionally, they argued that any federal agency established without following due constitutional process should be deemed illegal.

The Supreme Court dismissed these arguments, stating that the EFCC Act was validly enacted under Section 15(5) of the Constitution, which empowers the National Assembly to make laws combating corruption. The court further noted that the investigative powers of the EFCC, ICPC, and NFIU do not conflict with state legislative authority.

The Federal Government, represented by the Attorney-General of the Federation, had urged the court to dismiss the suit, highlighting its potential to undermine anti-corruption efforts. The ruling affirms the legal framework supporting federal anti-corruption agencies and their authority to operate across Nigeria.