…Dismisses 19 states govt suit challenging anti graft agencies power pl to try state officials on corruption charges
Attempt by Kogi state government and 18 other state governments to quash the National Assembly Acts that established the Economic and Financial Crimes Commission (EFCC) , the Independent Corrupt Practices and other related offences Commission (ICPC) and two other agencies flopped on Friday as Supreme Court in a unanimous judgment dismissed their suits for lacking in merit.
The two other anti graft agencies who by Friday judgement are now unhindered to bring state government officials to account on corruption charges are the Nigerian Financial Intelligence Unit (NFIU) and the proceed of crime recovery and management Act.
The plaintiffs, the 19 states government had in the suit, filed against the Federal government and marked: SC/CV/178/2023 argued that the Supreme Court, in Dr Joseph Nwobike vs Federal Republic of Nigeria, had held that it was a United Nations Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting the law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.
The plaintiffs further argued that, in bringing a Convention into the Nigerian law, the provision of Section 12 must be complied with and they added that, the provision of the Constitution of the Federal Republic of Nigeria necessitated the majority of the states’ Houses of Assembly must agree before such a convention is pass into the EFCC Act and others are. This process, was allegedly never followed, therefore the apex court should the a nullity.
They further argued that their position had reportedly been corroborated by the Supreme Court in the previous case mentioned, to the effect that the law, as enacted, could not be applied to states that never approved of it, in accordance with the provisions of the Nigerian constitution.
Hence, they argued that any institution so formed on the basis of reducing a UN Convention to law should be regarded as an illegal institution.
But delivering judgement on the suit on Friday, the Supreme Court in a unanimous judgment of a seven member panel dismissed the entire suit.
The panel resolved all the issues raised for determination in the suit in favour of Federal Government. The apex court held , in particular that the issue of ratification by state governments doesn’t arise because the laws were passed by National Assembly and need no ratification.
Delivering the lead judgment Justice Uwani Abba-Aji, held that the states were completely wrong in holding that EFCC and agency established by an act of the National Assembly was an illegal and unlawful body. She said that the EFCC Act, which is not a treaty does not need to be ratified by state Houses
She said that the laws gives the EFCC, ICPC and NFIU the power to investigate and prosecute anybody accused of abuse of office, economic and financial crimes.
The apex court held that the National Assembly has the power to make laws curbing financial crimes or mis-use of power, it also has the power to legislate on abuse of office and corruption.
“The EFCC Act is a competent Act and does not need the ratification of the Kogi state House of Assembly”, Justice Abba-Aji held, adding that, “In all, the plaintiffs suit failed and it is accordingly dismissed in its entirety”.