The Supreme Court has dismissed a lawsuit brought by several state Attorneys General that challenged the constitutionality of the Economic and Financial Crimes Commission (EFCC).
The court found the lawsuit to lack merit and rejected the claims questioning the legitimacy of the EFCC Act. A seven-member panel, led by Justice Uwani Abba-Aji, delivered the ruling on Friday.
Mohammed Abdulwahab, SAN, the counsel for Kogi State—the original plaintiff—argued that the incorporation of the United Nations Convention Against Corruption into the EFCC Establishment Act violated Section 12 of the 1999 Constitution (as amended).
Section 12 partly states, “No treaty between the Federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly.”
“A bill for an Act of the National Assembly passed pursuant to the provisions of subsection (2) of this section shall not be presented to the President for assent and shall not be enacted unless it is ratified by a majority of all the Houses of Assembly in the Federation.”
Abdulwahab said the constitutional provision required a majority of the states’ Houses of Assembly to agree with their federal legislators in passing the EFCC Act and other related laws.
According to him, the requirement was not met in the establishment of the EFCC Act. He therefore urged the court to rule that the creation of the anti-graft agencies is against the law.
“I seek your Lordship’s indulgence to adopt the processes. We urge your Lordship to grant all the reliefs sought. We are also challenging the foundation of those laws that created NFIU, EFCC, etc., to avoid creating a constitutional crisis. We urge you to allow our suit and award heavy costs in favor of the Plaintiff on record,” he said.
He further urged the apex court to decide whether the EFCC Act, ICPC Act, and NFIU Act can be applied to criminalize the use of funds belonging to states and local governments. Additionally, he sought clarity on whether the EFCC, NFIU, or any other agency has the authority to investigate, summon, or arrest individuals involved in managing funds allocated to states or local governments.
