By THE Supreme Court of Nigeria, on Friday, dismissed the suit instituted by 16 states of the federation against the Attorney-General of the Federation, challenging the constitutionality of the acts establishing the Economic and Financial Crimes Commission (EFCC) and two others.
EFCC-operatives
The plaintiffs had argued that the apex court, in Dr Joseph Nwobike Vs Federal Republic of Nigeria, it was a UN Convention against corruption that was reduced into the EFCC Establishment Act and that, in enacting this law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.
They argued that, in bringing a convention into the Nigerian law, the provision of Section 12 must be complied with.
According to them, the provision of the Constitution necessitated the majority of the states’ Houses of Assembly agreeing to bringing the convention in before passing the EFCC Act and others, which was allegedly never done.
While delivering judgement on Friday, Justice Uwani Abba-Aji, who led a seven-member panel of justices, held that “the EFCC Act, which is not a treaty but a convention, does not need the ratification of the houses of assembly.”
The Supreme Court dismissed the suit in its entirety and resolved the case against the plaintiffs.
The Court ruled that the NFIU guideline had not contravened the provision of the constitution to manage the funds of their states and resolve the issues against the plaintiffs.
All other judges agreed with the lead judgment, saying all the issues raised in the states’ suit had no merit “and are, accordingly, dismissed.”
The Court had earlier dismissed all objections of the Federal Government to the suit filed by the states.
Justice Abba-Aji said the plaintiffs case was against the Attorney-General of the Federation and not any of the agencies mentioned, hence, the Supreme Court has jurisdiction to determine it.
Reacting, the Counsel to Kogi State, Abdulwahab Mohammed, SAN, said, “This is an issue we have raised before the FHC, it was not addressed. We raised it at the Appeal Court and it was not addressed.
“This is going to enrich our jurisprudence. We thank your lordship for hearing us out.”
Representative of the AGF, Rotimi Oyedepo, SAN, said, “We convey our gratitude to the court for your wisdom. Your lordship has permanently settled the legality of the anti-corruption agency in fighting corruption.”
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