Supreme Court Set to Decide on Governors’ Challenge to EFCC Legality Today

The Supreme Court is poised to deliver a ruling today on a lawsuit initiated by 19 state governments contesting the constitutionality of the Economic and Financial Crimes Commission (EFCC). This judgment will clarify the legal status of the anti-graft body amid ongoing concerns over its establishment.

The plaintiffs, led by Kogi State, argue that the Supreme Court’s prior ruling in the case of Dr. Joseph Nwobike vs. Federal Republic of Nigeria indicated that the EFCC was improperly established under the 1999 Constitution. They contend that the EFCC Establishment Act, enacted in 2004, failed to comply with Section 12 of the Constitution, which requires a majority agreement from state assemblies to incorporate any international convention into Nigerian law. They assert that this procedure was not followed, rendering the commission’s formation unconstitutional.

The governors maintain that the existing law cannot be applied to states that did not consent to it, which they claim makes the EFCC an illegal entity. Alongside Kogi, the suit has been supported by Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger states.

A seven-member panel led by Justice Uwani Abba-Aji has scheduled the ruling for October 22. The EFCC, however, has expressed concern over the challenge to its legitimacy, suggesting that those calling for its dissolution are “feeling the heat of its work.”

Wilson Uwujaren, the EFCC’s Director of Public Affairs, shared his perspective on Channels Television’s The Morning Brief program. He emphasized the importance of the commission, stating, “We are shocked by what is happening. Nigerians should see through this shenanigan and oppose it because I don’t see how this country can survive without the EFCC, given the kind of corruption problem that we have. Nigeria cannot do without the EFCC.”

Uwujaren further commented on the motivations behind the lawsuit, asserting, “For citizens in their states, I am not sure that the EFCC is their greatest problem… I think Nigerians can see through the gimmick of those who are behind the challenge to the legality of the commission.” He characterized the effort as a bid to undermine the commission’s anti-corruption initiatives.

In the legal arena, opinions vary on the EFCC’s constitutionality. Dr. Olisa Agbakoba, a former Nigerian Bar Association president, has voiced his belief that the EFCC is “unconstitutionally established,” claiming that its founding powers exceed those granted to the National Assembly.

Conversely, human rights activist Femi Falana counters Agbakoba’s view, asserting that the EFCC’s establishment aligns with constitutional principles and does not violate federalism. He maintains that the challenge to the EFCC’s legality is unfounded.

Chico Onumah, Executive Director of the Africa Center for Media Information and Literacy, defended the commission, stating that it was established lawfully over two decades ago and has been instrumental in combating corruption. “The EFCC I know is a legal institution,” he remarked. “They have been able to fight corruption… and I think they’ve done fairly well.”

Kolawole Oluwadare, Deputy Director of the Socio-Economic Rights and Accountability Project, emphasized that the EFCC’s constitutionality and functionality remain intact, questioning the motivations behind the governors’ lawsuit. “What are they afraid of?” he asked.

Auwal Rafsanjani, Executive Director of the Civil Society Legislative Advocacy Centre, condemned the state governments’ actions, arguing that they threaten not only the fight against corruption but also the autonomy of local governments. He described the governors’ legal maneuvers as a disregard for the rule of law that could undermine accountability in governance.

As anticipation builds for the Supreme Court’s decision, the outcome may have significant implications for the future of anti-corruption efforts in Nigeria.