The Supreme Court, on Friday, dismissed the suit instituted by 16 States of the federation against the Attorney-General of the Federation (AGF), challenging the constitutionality of the acts establishing the Economic and Financial Crimes Commission, (EFCC) and two others.
The other agencies are the Independent Corrupt Practices and other related offences Commission (ICPC), and the Nigerian Financial Intelligence Unit, (NFIU).
A 7-member Justices, in a unanimous judgment, held that the suit was unmeritorious.
In the lead judgment by Justice Uwani Abba-Aji, the Supreme Court resolved the six issues raised for determination in the suit against the plaintiffs. It held that the laws establishing the anti-corruption agencies were validly enacted by the National Assembly within its legislative competence.
The court faulted the claim by the plaintiffs that the EFCC Act, being a product of the United Nations (UN) Convention on corruption, ought to be ratified by majority of the states Houses of Assembly.
The plaintiffs had, in their suit, argued that the Supreme Court, in Dr Joseph Nwobike Vs Federal Republic of Nigeria, had held that 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 yesterday, Justice Abba-Aji ruled that the EFCC Act, which was not established from a treaty but a convention, does not need the ratification of the houses of assembly. According to her, A convention would have been ratified by members state and the National Assembly can make laws from it, which will be binding on all the states in Nigeria as it is the case of EFCC Establishment Act.
The judge held that where the National Assembly had enecated several laws on corruption, money laundering, etc, no state had the right to make law to compete with it. The apex court, therefore, dismissed, the suit in its entirety, and resolved the case against the plaintiffs. Any act that has been competently enacted by the National Assembly cannot be said to be inconsistent, she said.
Justice Abba-Aji had earlier dismissed all objections of the Federal Government to the suit filed by the States. According to the judge, the plaintiffs case was against the AGF and not any of the agencies mentioned, hence, the Supreme Court had jurisdiction to determine it.
Justice Abba-Aji held that it was clear that the Federal Government had legal tussle with the states based on the directive of the NFIU which the states were contending. Therefore, the preliminary objection is hereby dismissed, he ruled.
Reacting, the 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.
