ABUJA, Nigeria (ChatnewsTV) — The Supreme Court on Friday dismissed a case brought by 19 states challenging the legality of the Economic and Financial Crimes Commission (EFCC) and two other anti-corruption agencies. The plaintiffs had argued that the Acts establishing the agencies did not comply with Nigeria’s constitutional requirements.
The case, led by the Attorney-General of the Federation (AGF), centered on the claim that the EFCC Establishment Act was based on a United Nations Convention Against Corruption. According to the plaintiffs, the 2004 enactment of the EFCC law failed to follow Section 12 of the 1999 Constitution, which requires the consent of a majority of the states’ Houses of Assembly when incorporating international conventions into Nigerian law.
Delivering the judgment, Justice Uwani Abba-Aji, who headed the seven-member panel, ruled that the EFCC Act is not a treaty but a convention, and therefore does not require ratification by the Houses of Assembly.
“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, unlike treaties, conventions do not require state-level endorsement once ratified by the National Assembly.
Justice Abba-Aji clarified the difference between treaties and conventions, saying, “Treaty is an agreement reached by two or more countries which has to be ratified. Conventions are agreed by a larger number of nations and only come into force when a sufficient number of countries agree. The National Assembly can make laws from a Convention, which are binding on all states in Nigeria.”
The court ruled that the EFCC’s investigative powers do not conflict with the legislative authority of the states and dismissed the case in its entirety, upholding the constitutionality of the anti-corruption laws.
“In a country like Nigeria, the federating units do not have absolute power,” Justice Abba-Aji emphasized. “Any Act competently enacted by the National Assembly cannot be said to be inconsistent. The investigative power of the EFCC cannot be said to be in conflict with legislative powers of the State Assembly.”
The court also addressed the role of the Nigerian Financial Intelligence Unit (NFIU), ruling that its guidelines do not violate the Constitution regarding states’ rights to manage their funds.
The judgment was unanimous, with all seven justices agreeing that the issues raised by the states were without merit. The court earlier rejected all preliminary objections from the Federal Government, asserting its jurisdiction over the case.
Justice Abba-Aji noted that the lawsuit was appropriately directed at the AGF, stating, “The AGF is the chief law officer of the federation and the proper and necessary party in this matter.”
In response to the ruling, Kogi State’s Counsel, Abdulwahab Mohammed, SAN, acknowledged the decision. “This is going to enrich our jurisprudence. We thank your lordship for hearing us out,” he said.
Rotimi Oyedepo, SAN, who represented the AGF, praised the court’s decision. “Your lordship has permanently settled the legality of the anti-corruption agency in fighting corruption,” he remarked, expressing gratitude on behalf of the Federal Government.
