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.
