Supreme Court Upholds Powers of EFCC, NFIU, and ICPC in Landmark Ruling
In a significant judgment delivered on Friday, the Supreme Court of Nigeria dismissed suits challenging the establishment and prosecutorial authority of three key anti-corruption agencies: the Economic and Financial Crimes Commission (EFCC), the Nigerian Financial Intelligence Unit (NFIU), and the Independent Corrupt Practices Commission (ICPC).
The apex court described the suit as “selfish,” affirming the legitimacy of these agencies and their mandate to investigate and prosecute financial crimes across the country. The ruling marks a major victory for Nigeria’s anti-graft efforts, reinforcing the government’s commitment to combating corruption.
The suits were initiated by the Attorney General of Kogi State and other parties against the Attorney General of the Federation (AGF), challenging the constitutional basis for the establishment of the anti-corruption agencies. Representing Kogi State, Senior Advocate of Nigeria (SAN) Mohammed Abdulwahab argued that the EFCC Act violated Section 12 of the 1999 Constitution (as amended).
Section 12 of the Constitution states:
“No treaty between the Federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly.”
Abdulwahab contended that the EFCC Act incorporated elements of the United Nations Convention Against Corruption without obtaining the necessary ratification by the majority of the Houses of Assembly in the federation, as required by the Constitution. He alleged that this procedural oversight rendered the establishment of the EFCC and related laws unconstitutional.
The plaintiff further urged the court to invalidate the EFCC Act and declare the creation of the anti-graft agencies unlawful.
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A seven-member panel of the Supreme Court, led by Justice Uwani Abba-Aji, delivered the judgment. In her remarks, Justice Abba-Aji addressed the AGF’s preliminary objection regarding the court’s jurisdiction. She clarified that while the EFCC Act had been challenged in prior cases, the current suit introduced additional agencies not included in the previous litigation.
The court determined that the plaintiff’s case was directed against the AGF and not specifically against the anti-corruption agencies themselves, thereby affirming the Supreme Court’s jurisdiction to hear the matter.
However, in its final judgment, the court dismissed the plaintiffs’ claims as lacking merit. Justice Abba-Aji highlighted that the agencies’ establishment was in alignment with Nigeria’s constitutional framework and that their prosecutorial powers were vital for maintaining accountability and combating corruption.
The Supreme Court’s decision reinforces the legal foundation of Nigeria’s leading anti-corruption agencies. By upholding their establishment and authority, the ruling sends a strong message about the judiciary’s support for the fight against financial crimes.
Critics of the ruling may point to the constitutional concerns raised, but the court’s stance reflects a pragmatic approach to strengthening institutions pivotal to national development. The decision also shields the EFCC, NFIU, and ICPC from future legal challenges on similar grounds, allowing them to focus on their mandate without undue distraction.
This ruling represents a crucial victory for Nigeria’s anti-corruption crusade. The EFCC, NFIU, and ICPC have played pivotal roles in tackling financial misconduct and promoting transparency in governance. The Supreme Court’s affirmation of their powers underscores their importance in safeguarding the nation’s financial integrity.
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As the country grapples with economic challenges and strives to attract foreign investment, the ruling bolsters confidence in Nigeria’s commitment to eradicating corruption. The decision also highlights the judiciary’s role as a pillar of democracy, ensuring that constitutional provisions are interpreted to support national progress.
The judgment is a reminder that the fight against corruption remains a collective effort, requiring robust institutions, legal clarity, and unwavering public support. With this ruling, the EFCC, NFIU, and ICPC are better positioned to continue their critical work in securing Nigeria’s financial future.