Supreme Court has dismissed suit instituted by some state Attorneys General challenging the establishment of the Economic and Financial Crimes Commission (EFCC) Act.
Supreme Court has dismissed suit instituted by some state Attorneys General challenging the establishment of the Economic and Financial Crimes Commission (EFCC) Act.
Fifteen states of the federation had joined as plaintiffs in a suit at the Supreme Court challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC).
Following the joining of the 15 applicants as co-plaintiffs, a seven-man panel of justices led by Justice Uwani Abba-Aji, subsequently adjourned till October 22, for hearing in the suit originally filed by the Kogi State Government.
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The Kogi State Government, through its Attorney General (AG), had dragged the Federal Government to the apex court to challenge the powers of the EFCC, Nigerian Financial Intelligence Unit (NFIU), as well as any of its anti-corruption agencies to investigate, arrest or even prosecute in respect of the administration of funds belonging to the state.
However, while the suit was pending, Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River and Niger States applied to be joined as plaintiffs.
The states had argued that the EFCC’s Establishment Act runs contrary to the constitution which is the supreme law, hence the EFCC’s Act be declared a nullity.
The plaintiffs argued that the Supreme Court, in Dr. Joseph Nwobike Vs Federal Republic of Nigeria, had held that it was a United Nations 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.
The argument was that, in bringing a convention into the Nigerian law, the provision of Section 12 must be complied with.
According to them, the provision of the constitution necessitated the majority of the states’ Houses of Assembly agreeing to bringing the convention in before passing the EFCC Act and others, which was allegedly never done.
However, in its judgement on Friday, the Supreme Court described the suit as selfish, supporting not only the establishment of the anti-graft agencies but their powers to investigate and prosecute crimes across the country.
