The Supreme Court of Nigeria has thrown out a lawsuit filed by several state Attorneys General contesting the legality of the Economic and Financial Crimes Commission (EFCC).
The lawsuit, led by Kogi State, sought to nullify the EFCC Act, arguing it conflicted with constitutional requirements for enacting international treaties.
In a ruling delivered on Friday by a seven-member panel headed by Justice Uwani Abba-Aji, the court dismissed the suit for lack of merit. The plaintiffs argued that the EFCC Establishment Act, which incorporates the United Nations Convention Against Corruption, was passed without the required approval from a majority of state Houses of Assembly, as stipulated by Section 12 of the 1999 Constitution.
Kogi State’s counsel, Mohammed Abdulwahab, SAN, argued that this lack of state endorsement invalidated the EFCC Act and related laws, including those establishing the Nigerian Financial Intelligence Unit (NFIU).
He further questioned the authority of the EFCC and NFIU to investigate and prosecute state and local government officials over funds management, suggesting that doing so overstepped their mandate.
In response, Attorney General of the Federation, Lateef Fagbemi, SAN, defended the anti-corruption bodies, emphasizing that dismantling them would compromise Nigeria’s fight against corruption. He argued that the National Assembly has the constitutional power to pass laws addressing corruption, which applies uniformly across the nation.
The Supreme Court upheld the EFCC Act, affirming that the National Assembly holds the authority to enact anti-corruption laws and that states cannot create laws that contradict federal legislation. Justice Abba-Aji highlighted that the lawsuit revealed “selfish motives” by exposing that state officials, not federal ones, were under EFCC scrutiny, calling the plaintiffs’ actions “a can of worms and skeletons in their cupboard.”
“No state has the right to enact laws that contradict the statutes passed by the National Assembly,” Justice Abba-Aji said, delivering the unanimous judgment. The lawsuit was dismissed entirely, with the court reaffirming the National Assembly’s competence in creating laws to combat corruption.