Governors Challenge EFCC’s Legality At Supreme Court
Sixteen state governments have filed a consolidated lawsuit at the Supreme Court, challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) law. The hearing, scheduled for October 22, 2024, focuses on the validity of the EFCC (Establishment) Act 2004, which the plaintiffs argue was improperly enacted without adherence to constitutional provisions for treaty implementation.
The states—Anambra, Benue, Cross River, Enugu, Edo, Kogi, Kebbi, Katsina, Jigawa, Nassarawa, Niger, Ondo, Oyo, Ogun, Plateau, and Sokoto—claim the EFCC’s creation was based on a United Nations Convention against corruption. They argue that under Section 12 of the 1999 Constitution, the law establishing the EFCC needed the approval of the majority of state Houses of Assembly, which was never obtained. The governors are seeking a declaration from the court that the EFCC and similar agencies lack the authority to manage state funds or investigate state-level financial crimes.
This case follows previous attempts by some states to resist EFCC investigations into their finances, with courts often ruling in favor of the commission. The legal battle has drawn attention to issues surrounding federalism, corruption, and the separation of powers in Nigeria.
As the October 22 hearing approaches, legal experts and observers are divided. Some view the governors’ actions as an attempt to evade accountability, while others see it as a critical test of the EFCC’s powers. The outcome could have significant implications for Nigeria’s anti-corruption efforts and the relationship between federal and state authorities.
