Supreme Court Dismisses 16 States' Suit Challenging Legality of EFCC

Written on 15/11/2024
Daily Trust

The Supreme Court of Nigeria on Friday dismissed a lawsuit filed by 16 states against the Attorney-General of the Federation (AGF), contesting the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices Commission (ICPC), and Nigerian Financial Intelligence Unit (NFIU).

The apex court's decision upholds the legitimacy of these anti-corruption agencies, affirming their legal standing in Nigeria’s fight against corruption.

The states had argued that the acts establishing these bodies infringed on their constitutional rights.



A seven-member panel of justices, in a unanimous judgment, held that the suit was unmeritorious.

In the lead judgment by Justice Uwani Abba-Aji, the Supreme Court resolved the six issues raised for determination in the suit against the plaintiffs.

The court held that the laws establishing the anti-corruption agencies were validly enacted by the National Assembly within its legislative competence.

It faulted the claim by the plaintiffs that the EFCC Act, being a product of the United Nations Convention on Corruption, ought to be ratified by a majority of the state’s houses of assembly.

The plaintiffs had, in their suit, argued that the Supreme Court, in Dr Joseph Nwobike Vs Federal Republic of Nigeria, had held that it was a UN Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.

Source