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Supreme Court Upholds Legality of EFCC, ICPC, and NFIU

The Supreme Court has dismissed a lawsuit filed by 16 states challenging the constitutionality of the Acts establishing the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices Commission (ICPC), and the Nigerian Financial Intelligence Unit (NFIU).

In delivering the lead judgement, Justice Uwani Abba-Aji ruled that the EFCC Act, enacted by the National Assembly, is lawful and does not require ratification by state Houses of Assembly as it is not a treaty but a convention.

The apex court unanimously held that the plaintiffs’ argument lacked merit. Justice Abba-Aji, who led a seven-member panel, explained that the case was against the Attorney-General of the Federation rather than the agencies themselves, granting the court jurisdiction to hear the matter.

The suit, originally filed by the attorneys-general of 16 states, sought to invalidate the EFCC Act and related anti-corruption laws on the grounds that they were inconsistent with the Constitution. Some states later withdrew from the suit, while others joined as co-plaintiffs.

The plaintiffs argued that the EFCC Act was derived from a UN convention that required approval from a majority of state Houses of Assembly, as stipulated by Section 12 of the 1999 Constitution (as amended). They claimed that this requirement was not met, rendering the law invalid in states that did not approve it.

However, the Supreme Court dismissed this argument, affirming the legality of the EFCC and related bodies. Justice Abba-Aji noted that while the Constitution is supreme, the provisions cited by the plaintiffs did not apply in this instance.

At the resumed hearing, the court also struck out the suits of three states—Anambra, Ebonyi, and Adamawa—that announced their withdrawal.

The judgement reaffirms the legal foundation of Nigeria’s anti-corruption agencies, allowing them to continue their mandate unimpeded.

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