Today, the Supreme Court rejected a lawsuit filed by 19 state governments against the federal government, contesting the legality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and two other agencies.
The court dismissed the case, citing a lack of merit and substance.
Justice Uwani Abba-Aji, delivering the lead judgment, ruled that the states were entirely mistaken in claiming that the EFCC, established by an act of the National Assembly, was an illegal entity.
In a unanimous decision by a seven-member panel of Justices, the court upheld the authority of the EFCC, ICPC, and NFIU to arrest and prosecute offenders.
The plaintiffs, in the case marked SC/CV/178/2023, argued that the Supreme Court, in Dr. Joseph Nwobike vs. Federal Republic of Nigeria, had determined that the EFCC Establishment Act was derived from a United Nations Convention against corruption. They claimed that when the law was enacted in 2004, the requirements of Section 12 of the 1999 Constitution, as amended, were not adhered to.
Their contention was that any incorporation of an international convention into Nigerian law must comply with the provisions of Section 12.
They argued that the Constitution requires the majority of state Houses of Assembly to approve the adoption of an international convention before it can be enacted into law, such as the EFCC Act and similar legislation, which they claimed was not done.
The states further contended that the law, as enacted, could not be enforced in states that did not approve it, as stipulated by the Nigerian Constitution.
More details to follow…
