The Supreme Court has rejected a lawsuit filed by several states challenging the legality of the Economic and Financial Crimes Commission (EFCC) Establishment Act. In its judgment, delivered by Justice Uwani Abba-Aji, the court dismissed the case for lack of merit,leadership reports.
Last month, the Supreme Court reserved judgment on the suit brought by 16 states questioning the constitutionality of the EFCC Act. Before judgment, Imo, Bauchi, and Osun states joined the suit as co-plaintiffs, while Anambra, Ebonyi, and Adamawa states withdrew, leading to the dismissal of their cases.
The plaintiffs argued that the Supreme Court, in the case of Dr. Joseph Nwobike vs. Federal Republic of Nigeria, held that the EFCC Act was derived from a United Nations (UN) convention against corruption. They claimed the Act violated Section 12 of the 1999 Constitution (as amended), which requires approval from state Houses of Assembly before a convention can be incorporated into Nigerian law.
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In delivering the ruling, Justice Abba-Aji clarified that the EFCC Act is a convention and not a treaty, and therefore does not require ratification by state Houses of Assembly. She explained:
“A treaty is an agreement between two or more countries requiring ratification. A convention, agreed upon by a larger number of nations, comes into force when a significant number of countries consent. The EFCC Act, being a convention, does not need ratification by Houses of Assembly but is binding when enacted into law by the National Assembly.”
The court further emphasized that in a federal system like Nigeria, federating units do not hold absolute power. Laws enacted by the National Assembly, such as the EFCC Act and the Nigerian Financial Intelligence Unit (NFIU) guidelines, are binding on all states. The court ruled that no state legislature can enact laws that conflict with or override federal laws on corruption or money laundering.
All seven justices on the panel agreed with the lead judgment, dismissing the plaintiffs’ arguments as baseless. The apex court upheld the legality of the EFCC’s investigative and prosecutorial powers, stating that these do not conflict with the constitutional powers of state governments.
The court also noted that similar cases had been filed in the past, including one in 2007 by Chief Awa Kalu (SAN), a professor of law and former attorney general of Abia State. Kalu had challenged the EFCC’s powers to investigate and freeze state accounts, but the court dismissed that case as well.
In conclusion, the Supreme Court ruled that the EFCC Act and NFIU guidelines are consistent with the Constitution, dismissing the current suit in its entirety. The states’ claims were deemed to lack merit and were resolved against them.
