THE Supreme Court has dismissed a suit filed by some state attorneys-general challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) Act.
In a unanimous decision, a seven-member panel of justices, led by Uwani Abba-Aji, criticised the plaintiffs, particularly the attorney-general of Kogi State, for their claims.
In her lead judgment, Justice Abba-Aji highlighted that the suit revealed the EFCC had invited and investigated officials of the Kogi State government, which she deemed to be the driving force behind the legal tussle.
She described this as proof of the “selfish reasons” behind the suit. While affirming that states have the right to make their own laws, Abba-Aji emphasised that any state law conflicting with federal laws, such as the EFCC Act, enacted by the National Assembly cannot hold legal weight.
“Let me first look at the constitutional provision. The plaintiffs rely on Section 12 of the Constitution in their argument. Treaty is an agreement reached by two or more countries which has to be ratified,” Abba-Aji said.
She added that “Conventions are agreed by a larger number of nations. Conventions only come into force when a larger number of countries agree.
“Therefore, the EFCC Act, which is not a treaty but a convention does not need the ratification of the Houses of Assembly. A convention would have been ratified by member states and the NASS (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 ICIR reports that the case, initially brought by the attorneys-general of 16 states, sought to disband the EFCC, questioning the legal foundation of its establishment.
But, over time, the legal battle saw significant shifts, with some states withdrawing from the suit and others joining as co-plaintiffs.
The states contended that the National Assembly did not comply with Section 12 of the 1999 Constitution (as amended), which regulates the incorporation of international treaties into domestic law, during the enactment of the EFCC Act.
They also argued that, under Section 12 of the Constitution, domesticating an international convention requires the approval of a majority of state Houses of Assembly.
Some of the states that initiated the suits are Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger.
During the hearing on October 22, three additional states—Imo, Bauchi, and Osun—joined as co-plaintiffs, to challenge the anti-corruption agency.
Meanwhile, Anambra, Ebonyi, and Adamawa states announced their withdrawal from the suit, prompting the court to strike out their cases.
Usman Mustapha is a solution journalist with International Centre for Investigative Reporting. You can easily reach him via: umustapha@icirnigeria.com. He tweets @UsmanMustapha_M