Supreme Court Upholds EFCC’s Legality, Dismisses 19 States’ Suit

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The Supreme Court has reaffirmed the legitimacy of the Economic and Financial Crimes Commission (EFCC).

This court dismissed a joint suit filed by 19 State Governments challenging the constitutionality of the laws establishing the EFCC, Independent Corrupt Practices and Other Related Offences Commission, and Nigerian Financial Intelligence Unit.

The 19 States involved were Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Anambra, Plateau, Cross-River, Ondo, Niger, Edo, Bauchi, Adamawa, Taraba, Ebonyi, and Imo.

Ogun and Nasarawa States also joined the suit, contesting the Nigerian Financial Intelligence Unit guidelines.

In a unanimous decision, the seven-man panel of justices led by Justice Uwani-Abba-Aji resolved the six issues against the plaintiffs, affirming the National Assembly’s legislative competence in enacting the laws.

Justice Abba-Aji clarified that the EFCC Act, as a convention and not a treaty, does not require ratification by State Houses of Assembly.

He said: “Conventions are agreed by a larger number of nations…

“The EFCC Act, which is not a treaty but a convention, does not need the ratification of the Houses of Assembly.

“I must agree with the honourable AGF that the plaintiffs’ argument, that is, the houses of assembly of the plaintiffs states, is not tenable in law,” Justice Abba-Aji said.

The Court emphasized that the National Assembly’s laws on corruption and money laundering supersede state laws.

“The investigative power of the EFCC cannot be said to conflict with legislative powers of the state’s houses of assembly,” Justice Abba-Aji stated.

This ruling solidifies the EFCC’s role in combating economic and financial crimes in Nigeria, as mandated by its establishment act.

The Commission is responsible for enforcing all economic and financial crimes laws in the country.