The Supreme Court of Nigeria has dismissed a suit filed by 19 states challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) Act, as well as the establishment of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Nigerian Financial Intelligence Unit (NFIU).

The states had argued that the EFCC Act violated Section 12 of the Nigerian Constitution, claiming that a majority of the states’ Houses of Assembly should have ratified the UN Convention Against Corruption before the National Assembly could pass the EFCC Act. They contended that this process was not followed when the Act was enacted in 2004.

However, Justice Uwani Abba-Aji, who led a seven-member panel, ruled that the EFCC Act is not a treaty but a convention, which does not require ratification by the Houses of Assembly. She explained that while treaties require ratification, conventions are agreements among multiple nations and are binding on member states without needing such ratification in Nigeria.

The court further emphasized that the National Assembly has the constitutional power to make laws on issues such as corruption and money laundering, and that these laws are binding on all states. The NFIU guidelines, which the states had also challenged, were upheld as constitutionally valid, as they are designed to set benchmarks rather than control state funds.

In dismissing the suit, the Supreme Court noted that no state has the authority to enact laws that conflict with federal laws on corruption or money laundering, and that the EFCC’s investigative powers do not infringe on the legislative powers of state assemblies. All justices of the panel agreed with the lead judgment, affirming that the plaintiffs’ arguments lacked merit.

The decision brings clarity to the legal standing of anti-corruption bodies in Nigeria, affirming their legitimacy in fighting financial crimes across the nation. The AGF’s representative, Rotimi Oyedepo, SAN, praised the ruling, stating that it solidified the legal framework for tackling corruption in Nigeria.

The National Judicial Council (NJC), chaired by the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has sanctioned five judicial officers for misconduct following its 107th meeting in Abuja.

Among the sanctions, Justice G.C. Aguma of the Rivers State High Court and Justice A.O. Nwabunike of the Anambra State High Court have both been suspended from performing judicial functions for one year and placed on a two-year watch-list.

Additionally, two judges—Justice T.E. Chukwuemeka Chikeka, Chief Judge of Imo State, and Kadi Babagana Mahdi, Grand Kadi of Yobe State—were recommended for compulsory retirement due to age falsification. Justice Chikeka was found to have two conflicting birthdates, one of which he altered in 2006, while Kadi Mahdi had three different birthdates recorded, with the actual date being in 1952. Both judges are also required to refund all salaries received in excess due to their extended service.

The NJC also addressed multiple complaints brought before its Preliminary Complaints Assessment Committee, reviewing 30 petitions. The committee dismissed 22 complaints for lacking merit and found two to be sub judice. Other complaints against judges, including Justice O.A. Ojo, Chief Judge of Osun State, are being investigated.

Regarding specific cases, Justice Aguma was found to have improperly facilitated a garnishee order by failing to question the legal basis for bringing the case before his court. Meanwhile, Justice Nwabunike breached judicial conduct by granting ex parte orders without the necessary filings.

The Council also issued cautions to other judges, including Justice I.A. Jamil of Kogi State and Justice J.J. Majebi, Chief Judge of Kogi State, for mishandling sensitive matters.

Further investigations and disciplinary actions were taken in several other cases, including those involving Justices Peter O. Lifu, Joyce Abdulmalik, and several others. The NJC emphasized its commitment to ensuring judicial integrity and vowed to report lawyers who file frivolous petitions to the appropriate disciplinary bodies.

In a positive note, the Council recommended 36 candidates for judicial appointments to various state governors.

An Enugu State High Court has issued a ruling prohibiting Ugochukwu Agballah and nine other individuals from acting as officials of the All Progressives Congress (APC) in the state.

The court order, signed by Deputy Chief Registrar J. I. Agu, was granted in response to a suit filed by several APC members including Nwafor Alphonsus Onyeachonam, Acting State Chairman, and Chief Michael Ezeanyawu, State Publicity Secretary, among others.

The injunction bars the following individuals from holding or presenting themselves as party officials: Ugochukwu Agballah (State Chairman), Chief Augustine Alumonah (Deputy Chairman), Jude Chinedu Aniogbo (Treasurer), Moses Emeka Eze (Organizing Secretary), Barrister Sunday Ugwoke, Ugwu Christian Kanayo, Eze Chidiebere Johnson, Queen Charles, Onyekachi T. Ezeagu, and Comrade Idoko Chikadibia.

The order also restricts them from conducting any party meetings, accessing the APC state party account, or using the party’s secretariat located at No. 598 Bishop Onyeabor Street, Enugu.

This legal action follows the recent suspension of Agballah and other key executives by the APC state executive council, who were accused of misusing their positions. The court’s decision aims to prevent further interference with the APC’s state operations until the case is reviewed on August 13, 2024.