The Supreme Court, on Friday, dismissed a suit filed by 19 states challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission, the Independent Corrupt Practices and Other Related Offences Commission, and the Nigerian Financial Intelligence Unit.
The 19 states involved were Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Anambra, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Adamawa, Taraba, Ebonyi, and Imo.
Although Ogun and Nasarawa states were listed as parties, their cases, which separately contested the NFIU guidelines and advisory, were
assigned distinct suit numbers and similarly dismissed.
Six of the 19 states—Anambra, Adamawa, Ebonyi, Benue, Jigawa, and Enugu—later withdrew from the case. However, Supreme Court records indicated that the judgment applied to all 19 plaintiffs.
In a unanimous decision led by Justice Uwani Abba-Aji, the seven-member panel dismissed the suit for lacking merit.
Delivering the lead judgment, Justice Abba-Aji resolved the six issues raised by the plaintiffs against them. The court ruled that the laws establishing the EFCC and other anti-corruption agencies were validly enacted by the National Assembly within its legislative competence.
The court dismissed the plaintiffs’ argument that the EFCC Act, as a product of the United Nations Convention on Corruption, required ratification by a majority of state Houses of Assembly under Section 12 of the 1999 Constitution.
“The EFCC Act, derived from a convention and not a treaty, does not require ratification by state assemblies,” Justice Abba-Aji stated.
The court explained that conventions, unlike treaties, are agreements reached by multiple nations and are binding once adopted, allowing the National Assembly to enact laws derived from such conventions without additional ratification by the states.
The Supreme Court also emphasised that the NFIU guidelines, intended to provide benchmarks for managing state funds, were lawful and did not contravene constitutional provisions.
“All laws competently enacted by the National Assembly, including those establishing the EFCC and NFIU, are binding on all states. States cannot enact competing legislation in areas already legislated by the federal government,” Justice Abba-Aji stated.
The court dismissed the plaintiffs’ claims that the investigative powers of the EFCC conflicted with the state legislative authority, ruling in favour of the Attorney General of the Federation (AGF).
Justice Abba-Aji further noted that the AGF, as the chief law officer of the federation, was the appropriate party to defend the case and held that the Supreme Court had jurisdiction to hear the matter.
The judgment was unanimously supported by the six other justices on the panel, who also found no merit in the plaintiffs’ arguments.
The case was initially filed by the Kogi State government and later joined by other states.
Reacting to the judgment, Kogi State’s counsel, Abdulwahab Mohammed (SAN), stated, “This decision will enrich our jurisprudence. We thank Your Lordships for hearing us out.”
The AGF’s representative, Rotimi Oyedepo (SAN), expressed gratitude to the court, saying, “Your Lordships have permanently settled the legality of the anti-corruption agencies in combating corruption.” He reiterated, “If we do not kill corruption, corruption will kill us.”
