By John Joseph
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In a landmark decision, the Supreme Court has dismissed a suit filed by 19 state governments challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) and two other agencies. The court threw out the suit for lacking in merit and substance, affirming the power of the EFCC, ICPC, and NFIU to arrest and prosecute offenders.
The plaintiffs had argued that the EFCC Establishment Act was unconstitutional, citing a previous Supreme Court ruling in Dr. Joseph Nwobike vs. Federal Republic of Nigeria. They claimed that the act was based on a United Nations Convention against corruption, which was not properly incorporated into Nigerian law.
However, the Supreme Court disagreed, holding that the states were completely wrong in challenging the constitutionality of the EFCC. Justice Uwani Abba-Aji, who read the lead judgment, emphasized that the EFCC was established by an act of the National Assembly and was therefore a lawful body.
The court’s decision is a significant victory for the EFCC and the federal government, which have been working to strengthen the country’s anti-corruption framework. The ruling also underscores the importance of the EFCC’s role in combating economic and financial crimes in Nigeria.
In a related development, the Supreme Court had earlier heard a similar suit filed by 16 state governments challenging the constitutionality of the EFCC ¹. The court’s decision in this latest case is a clear indication that the EFCC’s constitutionality is no longer in doubt.