ABUJA, Nigeria – The Supreme Court of Nigeria has dismissed a suit brought by 16 states challenging the constitutionality of the Economic and Financial Crimes Commission, EFCC, and two other anti-corruption agencies.
In a unanimous ruling, the court declared that the EFCC was lawfully established and that the suit lacked merit.
Justice Uwani Abba-Aji, delivering the lead judgement on behalf of a seven-member panel, affirmed that the EFCC Act—enacted by the National Assembly—is valid and does not require ratification by state Houses of Assembly.
“The plaintiffs were wrong to argue that the EFCC, established by an act of the National Assembly, is illegal and unlawful,” Justice Abba-Aji stated.
The Case Against Anti-Corruption Agencies
The states, which initially included Ondo, Edo, Oyo, and others, argued that the EFCC Act was based on a United Nations Convention that was not properly domesticated in Nigeria, violating Section 12 of the 1999 Constitution.
They contended that state Houses of Assembly did not approve the convention, rendering the EFCC and related agencies, such as the Independent Corrupt Practices and Other Related Offences Commission, ICPC, and the Nigerian Financial Intelligence Unit, NFIU, unconstitutional.
Some states withdrew from the suit before the October 22 hearing, while Imo, Bauchi, and Osun joined as co-plaintiffs.
Anambra, Ebonyi, and Adamawa opted to withdraw their cases, which the court subsequently struck out.
The states also argued that the EFCC Act could not apply to non-consenting states, claiming the anti-corruption body had overstepped its constitutional mandate.
Court Ruling and Legal Precedent
The Supreme Court dismissed the states’ arguments, clarifying that the EFCC Act does not constitute a treaty requiring approval by state legislatures.
The court also upheld its jurisdiction to hear the case, which was filed against the Attorney-General of the Federation rather than the agencies themselves.
“This is a public interest case, and the Supreme Court has consistently maintained that the EFCC and related agencies are common institutions designed to combat economic and financial crimes across the country,” Justice Abba-Aji said.
Reactions from Key Stakeholders
The EFCC welcomed the ruling, with Director of Public Affairs Wilson Uwujaren emphasising the agency’s critical role in combating corruption.
“Nigeria cannot survive without the EFCC,” Uwujaren said.
“This challenge was driven by individuals feeling the heat of our work, but Nigerians must see through this and support the fight against corruption.”
Prominent human rights lawyer Femi Falana also praised the court’s decision, stating that efforts should now focus on ensuring the agency’s autonomy.
“The EFCC and ICPC have come to stay. What we need are measures to make these institutions independent, free from government control,” he said.
Conversely, Senior Advocate of Nigeria (SAN) Olisa Agbakoba reiterated his belief that the EFCC was “unconstitutionally established.”
Agbakoba had previously argued in letters to the National Assembly that the agency exceeded the powers of the legislature and called for a review of its validity.
Implications of the Verdict
The ruling is a significant victory for Nigeria’s anti-corruption framework, reaffirming the legality of institutions tasked with combating economic crimes.
The case also underscores ongoing tensions between federal and state authorities over the limits of constitutional power.
While the Supreme Court’s decision settles questions about the EFCC’s legality, calls for reforms to enhance the agency’s independence and effectiveness are likely to persist.
For now, the judgement reinforces the mandate of the EFCC and similar agencies, ensuring their continued role in addressing Nigeria’s corruption challenges.
