Supreme Court dismisses lawsuit challenging legality of EFCC act

The Supreme Court has dismissed a lawsuit filed by several state Attorneys General seeking the dissolution of the Economic and Financial Crimes Commission (EFCC) Act

The case, initially brought by the Attorneys General of 16 states, argued for the scrapping of the anti-graft agency. Some states withdrew from the suit, while others joined as co-plaintiffs, including Imo, Bauchi, and Osun, after the case resumed on October 22. States that initially filed the suit included Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger.

The plaintiffs contended that the EFCC Act violated the Constitution, asserting that any law inconsistent with the Constitution is null and void. They argued that the establishment of the EFCC in 2004 did not comply with Section 12 of the 1999 Constitution, as amended, which requires approval by the majority of state Houses of Assembly before enacting international conventions into Nigerian law.

However, EFCC’s Director of Public Affairs, Wilson Uwujaren, defended the commission, emphasizing its critical role in combating corruption in Nigeria. He criticized the challenge, stating that Nigeria could not survive without the EFCC’s efforts to tackle corruption. Uwujaren suggested that those behind the challenge were simply resisting accountability due to the EFCC’s work.

Human rights lawyer Femi Falana also weighed in, asserting that the EFCC, like the Independent Corrupt Practices Commission (ICPC) and the Code of Conduct Tribunal, had become essential institutions in Nigeria. Falana argued for measures to ensure their autonomy, rather than control by the federal government.

Before the case, Senior Advocate of Nigeria (SAN) Olisa Agbakoba had written to the National Assembly, claiming the EFCC was unconstitutionally established and beyond the powers of the legislature. He expressed support for the states challenging its constitutionality.

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