BREAKING: Supreme Court Dismisses States’ Suit Against EFCC, ICPC, NFIU; Rebukes Kogi, Others
The Supreme Court has dismissed a lawsuit brought by 19 state governments challenging the establishment and prosecutorial powers of Nigeria’s major anti-corruption bodies, including the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and Other Related Offences Commission (ICPC), and Nigerian Financial Intelligence Unit (NFIU).
A seven-member panel led by Justice Uwani Abba-Aji unanimously ruled against the plaintiffs, deeming the suit without merit and labeling it “selfish.” In delivering the judgment, Justice Abba-Aji criticized the Kogi State Attorney General for revealing incriminating information about officials under investigation and condemned the suit as motivated by “selfish reasons.”
Justice Abba-Aji clarified that while states have legislative power, any laws passed that conflict with federal laws like the EFCC, NFIU, and ICPC Acts—enacted by the National Assembly—are void. “No state has the right to enact a law inconsistent with those made by the National Assembly,” she noted, rebuking Kogi’s AG for acting as a “puppet” for corruption.
Background on the Case:
Originally initiated by Kogi State and later joined by other states, the lawsuit argued that the anti-graft bodies’ establishment contradicted the constitution and lacked approval from the majority of state assemblies, a process required for international conventions per Section 12 of the constitution.
The case also led to repercussions in Benue State, where Governor Hyacinth Alia suspended Attorney General Mr. Mynin for joining the lawsuit without gubernatorial consent.
Withdrawals and Adjournments:
Several states, including Anambra, Adamawa, and Ebonyi, withdrew from the case ahead of the final ruling. On Wednesday, Governor Alia’s spokesperson confirmed the suspension of Benue’s AG for unauthorized participation in the suit.
Despite ongoing challenges, the Supreme Court ultimately upheld existing precedents supporting the legitimacy of the EFCC and similar agencies, echoing the AG of the Federation, Lateef Fagbemi’s, argument that prior rulings validated their constitutional establishment.
The Supreme Court also struck out a related suit by the AG of Ekiti State for non-appearance and noted that states like Osun, Nasarawa, and Ogun had agreed to align with Kogi’s lead suit and abide by the ruling.
Plaintiffs Persisting with the Suit:
The remaining states that pursued the challenge included Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun, and Taraba.
