By Enyichukwu Enemanna
Nigeria’s apex court has dismissed a suit filed by governors of 18 states of the Federation against the Act establishing and giving prosecution powers to anti-corruption agencies in the country; the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other Related Offences Commission (ICPC) and the Nigerian Financial Intelligence Unit (NFIU).
In the suit brought against the Attorney-General of the Federation, the states through their Attorney-Generals argued that a United Nations Convention Against Corruption was incorporated into the EFCC Establishment Act, contrary to Section 12 of the 1999 Constitution (as amended).
Section 12 partly states, “No treaty between the Federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly.”
“A bill for an Act of the National Assembly passed pursuant to the provisions of subsection (2) of this section shall not be presented to the President for assent and shall not be enacted unless it is ratified by a majority of all the Houses of Assembly in the Federation.”
Mohammed Abdulwahab, SAN, counsel for Kogi State, who originally instituted the action said the constitutional provision required a majority of the states’ Houses of Assembly to agree with the National Assembly to pass the EFCC Act.
He alleged that this requirement was not met in the establishment of the EFCC Act, urging the apex court to rule that the creation of the anti-graft agencies contravened the law.
“I seek your Lordship’s indulgence to adopt the processes. We urge your Lordship to grant all the reliefs sought. We are also challenging the foundation of those laws that created NFIU, EFCC, etc., to avoid creating a constitutional crisis. We urge you to allow our suit and award heavy costs in favour of the Plaintiff on record,” he said.
Dismissing the suit on Friday, a seven member panel of Justices of the Supreme Court led by Justice Uwani Abba-Aji upheld the existence and the powers of the anti-graft agency to prosecute financial crime offenders.
Justice Abba-Aji in her judgement, held: “By Section 15 of the 1999 Constitution, and the decision of this apex court in AG vs Ondo, the National Assembly has the powers to enact laws relating to fighting corruption, irrespective of whether the funds belong to the federal, state, or local governments,” she said, adding that the states are constituents of the federal government.”
She said, “Indeed, the effect of the provisions of the EFCC Act leaves no doubt that it has the power to investigate and prosecute financial crimes.”
She also held , “No state has the right to enact a law that is inconsistent with the laws enacted by the National Assembly.”
Governors have been accused of poor accountability and lack of transparency in management of their state resources.
Former Governor of Kogi, the state that originally instituted the action is on the wanted list of the EFCC over embezzlement of public fund.
Since 2002 when EFCC was established by an Act of the National Assembly, it has prosecuted high profile corruption cases and secured conviction, including state governors.
The apex court in dismissing the suit described it as “selfish,” supporting not only the establishment of the anti-graft agencies but also their powers to investigate and prosecute financial crimes across the federation.
Despite some achievements the EFCC has recorded, critics say it is being used as a tool to witch haunt and intimidate perceived political enemies by the government in power, while it gives soft landing to loyalists of government of the day.
