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Supreme Court upholds legitimacy of Nigeria’s anti-graft agencies

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In a landmark ruling, the Supreme Court of Nigeria has dismissed legal suits challenging the establishment and prosecutorial authority of the Economic and Financial Crimes Commission (EFCC), the Nigerian Financial Intelligence Unit (NFIU), and the Independent Corrupt Practices Commission (ICPC).

The apex court described the lawsuit as “selfish,” emphasizing its support for the legitimacy and powers of these agencies to investigate and prosecute financial crimes nationwide.

The ruling, delivered by a seven-member panel led by Justice Uwani Abba-Aji, responded to cases filed by the Attorneys General of Kogi State and several other states against the Attorney General of the Federation (AGF).

Justice Abba-Aji highlighted that the anti-corruption framework established by these bodies is constitutionally valid and essential for combating corruption, irrespective of whether it involves federal, state, or local funds.

Counsel for Kogi State, Mohammed Abdulwahab, SAN, argued that the EFCC Establishment Act and related laws were improperly enacted, referencing a prior Supreme Court observation about the UN Convention Against Corruption being incorporated into the EFCC Act without proper ratification as required under Section 12 of the 1999 Constitution (as amended).

This section mandates that international treaties must be domesticated by the National Assembly and ratified by a majority of the state Houses of Assembly.

Abdulwahab contended that these procedural omissions rendered the laws unconstitutional, arguing for a ruling to annul the acts establishing the anti-graft agencies.

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He sought judicial relief to bar these agencies from probing state and local government funds, framing the case as critical to avoiding a constitutional crisis.

However, AGF Lateef Fagbemi, SAN, defended the existing legal framework, citing prior Supreme Court decisions affirming the establishment and powers of the EFCC and other agencies. He warned that granting the plaintiffs’ demands would undermine nationwide anti-corruption efforts.

Justice Abba-Aji dismissed these arguments, emphasizing that the National Assembly has the authority to legislate on anti-corruption measures under Section 15 of the Constitution and supported the court’s earlier ruling in Attorney General vs Ondo State.

She noted that while state laws may exist, they must not conflict with federal laws like the EFCC Act.

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Addressing procedural concerns, Justice Abba-Aji stated that the Supreme Court had jurisdiction as the lawsuit was against the AGF rather than any federal agency.

She emphasized that the absence of certain parties did not impede the court’s authority to rule.

The Supreme Court further affirmed that the EFCC Act and similar laws are legally binding, refuting claims that the integration of the UN Convention compromised the act’s validity.

READ ALSO: Obaseki ready for EFCC scrutiny, calls for focus on governance over vendettas

The inclusion was seen as an effort to align Nigeria with global anti-corruption standards, and the legislative competence of the National Assembly was reaffirmed as sufficient for such actions.

In a unanimous decision, Justice Abba-Aji concluded that the plaintiffs’ motives were rooted in self-interest, with Kogi State revealing these “skeletons” by admitting EFCC investigations into state officials.

The ruling underlined that states cannot legislate in contradiction to federal laws and dismissed the claim in its entirety.

This judgment consolidates the authority of the EFCC, ICPC, and NFIU as key instruments in Nigeria’s fight against corruption, reinforcing their roles in investigating financial misconduct across all levels of government.

It signals a clear judicial stance in favor of maintaining robust anti-graft mechanisms to ensure accountability and the rule of law in Nigeria.

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