Suspense as Supreme Court rules on 16 governors’ suit challenging establishment of EFCC today

…They are feeling the heat of our work – EFCC
…EFCC unconstitutionally established – Agbakoba

The Supreme Court will rule on a suit filed by 16 state governors challenging the legality of the Economic and Financial Crimes Commission (EFCC) today, October 22, 2024.

Many Nigerians are eagerly awaiting the decision of the apex court, which would confirm if the EFCC was constitutionally established or not.

The suit was originally filed by Kogi State government under suit number SC/CV/178/2023 and later joined by Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger.

The states argued that the EFCC Establishment Act violates the Constitution, citing a Supreme Court ruling in Joseph Nwobike Vs. Federal Republic of Nigeria.

The plaintiffs claim that when the EFCC Act was enacted in 2004, the provisions of Section 12 of the 1999 Constitution were not followed.

According to the Constitution, for any international convention—like the UN Convention against Corruption, which forms the basis of the EFCC Act—to be incorporated into Nigerian law, the majority of state Houses of Assembly must approve it. The states contend that this procedure was not adhered to, rendering the EFCC Act inapplicable to states that did not consent.

The plaintiffs argued that any institution formed under such a law should be considered illegal.

The governors are seeking six determinations and nine reliefs, including declarations that the EFCC and other federal agencies lack the authority to manage or investigate state or local government funds without state approval.

A seven-member panel of the Supreme Court, led by Justice Uwani Abba-Aji, had earlier set October 22 for its ruling on the case, which could significantly impact the scope of the EFCC’s authority, particularly regarding its ability to investigate state governments.

They are feeling the heat of our work – EFCC

However, the EFCC has expressed concern over recent calls for its overhaul, dismissing them as tactics by individuals feeling the heat of the agency’s anti-corruption efforts.

In an interview with Channels Television on Monday, Wilson Uwujaren, EFCC director of Public Affairs, emphasised the importance of the commission in combating corruption in Nigeria.

He argued that the agency is essential for the country’s survival and that its work has been instrumental in curbing corrupt practices.

Uwujaren dismissed the calls for an overhaul as a desperate attempt to undermine the EFCC’s operations. He suggested that those behind these calls are individuals who fear increased scrutiny and accountability.

The EFCC official stressed the need for continued support from the public and the government to enable the agency to effectively combat corruption and ensure a brighter future for Nigeria.

“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.

Read also: Agbakoba to National Assembly: EFCC unconstitutionally established

“I am worried that, with the kind of problem we have with corruption in this country, some people would go to court to challenge the legality of the EFCC.

“For citizens in their states, I am not sure that the EFCC is their greatest problem. I doubt that this is the case. What you see playing out is simply people who are feeling the heat of the work of the EFCC and who want to derail what is going on within the EFCC.

“They see the EFCC as a threat, which is what is playing out. I think Nigerians can see through the gimmick of those who are behind the challenge to the legality of the commission,” Uwujaren said.

EFCC unconstitutionally established – Agbakoba

Earlier, Olisa Agbakoba, a senior of Nigeria (SAN), called on the National Assembly to address constitutional concerns surrounding Nigeria’s law enforcement agencies, particularly the Economic and Financial Crimes Commission (EFCC).

In letters addressed to the Senate and House of Representatives dated October 14, 2024, Agbakoba argued that the EFCC is an “unlawful organisation” that was “unconstitutionally established.”

Agbakoba, a former President of the Nigerian Bar Association, wrote separately to Barau Jibrin, the deputy senate president, and Benjamin Kalu, the deputy speaker of the House of Representatives, both of whom chair their chambers’ respective Constitution Review Committees.

“I very strongly believe the EFCC is unconstitutionally established. The powers under which it was established go beyond the powers of the National Assembly. The EFCC is an unlawful organisation,” Agbakoba wrote.