Nigeria’s Supreme Court has unanimously dismissed a lawsuit filed by 19 state governments challenging the constitutional legitimacy of key anti-corruption agencies, including the Economic and Financial Crimes Commission (EFCC), Independent Corruption Practices and other related offences Commission (ICPC), and Nigerian Financial Intelligence Unit (NFIU).
The court described the legal action as “selfish” and lacking in merit.
In a lead judgment delivered by Justice Uwani Abba-Aji, the court held that the first plaintiff, Kogi State, “opened the can of worms and skeletons in its cupboard” by claiming the EFCC had investigated its officials. Justice Abba-Aji emphasized that no state has the right to enact laws inconsistent with those enacted by the National Assembly, rendering Kogi’s laws ineffective.
The lawsuit sparked controversy, particularly in Benue State, where Governor Hyacinth Alia suspended the state’s attorney general, Mr. Mynin, for joining the lawsuit without authorization.
Three states – Anambra, Adamawa, and Ebonyi – withdrew from the case, citing motions filed on October 20 and 21.
The plaintiffs argued that the EFCC and ICPC’s establishment violated Nigeria’s constitution, citing a 2004 Supreme Court precedent requiring international conventions to receive majority approval from state assemblies.
However, Attorney General of the Federation Lateef Fagbemi countered that past Supreme Court rulings, including AG Ondo v. AG Federation, had settled the constitutional issues.
The Supreme Court’s decision reinforces the EFCC’s legitimacy, which has been upheld by previous rulings.
Femi Falana, a Senior Advocate of Nigeria, recently rejected criticisms of the EFCC’s constitutionality, citing the Supreme Court’s validation of the ICPC’s role in combating corruption.