The Supreme Court of Nigeria on Friday dismissed a suit filed by 16 states challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and the Nigerian Financial Intelligence Unit (NFIU).
The court ruled unanimously that the suit lacked merit.
In a judgment delivered by Justice Uwani Abba-Aji, the seven-member panel resolved the six issues raised by the plaintiffs against the validity of the anti-corruption agencies’ establishment.
The court held that the laws setting up the agencies were validly enacted by the National Assembly within its legislative competence.
The states had argued that the EFCC Act, which was inspired by the United Nations Convention Against Corruption, should have been ratified by a majority of the state houses of assembly, as required by Section 12 of the 1999 Constitution (as amended).
They contended that the provisions for ratification outlined in the constitution were not followed when the EFCC Act was passed in 2004.
However, the Supreme Court disagreed. Justice Abba-Aji explained that while treaties between countries require ratification, conventions—such as the one from which the EFCC Act derived—do not need such approval from state assemblies.
She clarified that conventions only require broad international consensus before becoming binding, and the National Assembly can enact laws based on conventions without the need for state-level ratification.
“The EFCC Act, which is not a treaty but a convention, does not need the ratification of the houses of assembly,” Justice Abba-Aji stated in her lead judgment.
She further emphasized that Nigeria’s federal structure does not grant states the right to override laws made by the National Assembly, particularly when dealing with matters such as corruption and money laundering.
The court also dismissed the plaintiffs’ claim that the NFIU guidelines violated the constitutional management of state funds, ruling that any law passed by the National Assembly on such matters is binding on all states.
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In her final remarks, Justice Abba-Aji ruled that the powers of the EFCC and other anti-corruption bodies were not in conflict with the legislative powers of state houses of assembly.
She upheld that any law competently enacted by the National Assembly, including those governing corruption and financial crimes, takes precedence over any state laws attempting to compete with it.
The Supreme Court’s ruling effectively settled the legal dispute between the states and the Federal Government, affirming the legitimacy of the anti-corruption agencies and their operations. The court also dismissed all objections raised by the Federal Government to the suit.
Reacting to the ruling, Abdulwahab Mohammed, SAN, counsel for the Attorney-General of Kogi State, expressed his gratitude for the court’s consideration, noting that the issue had previously been raised at both the Federal High Court and the Court of Appeal, but not addressed. “This judgment will enrich our jurisprudence,” he said.
Meanwhile, Rotimi Oyedepo, SAN, representing the Attorney-General of the Federation (AGF), conveyed the AGF’s gratitude to the court for affirming the legality of the anti-corruption agencies. “Your lordship has permanently settled the legality of these agencies in their fight against corruption,” Oyedepo remarked.