Nigeria’s Supreme Court is set to hear a landmark case today, October 22, 2024, filed by 16 state governments challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) and related agencies ¹. The plaintiffs, including Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger, argue that the EFCC Establishment Act violates the Nigerian Constitution.
At the heart of the dispute is the UN Convention against Corruption, which was enacted into Nigerian law in 2004 without the required approval from the majority of state Houses of Assembly, as mandated by Section 12 of the 1999 Constitution ¹. The states contend that this oversight renders the EFCC Act inapplicable to states that did not consent.
Key Arguments:
- Constitutional Violation: The EFCC Establishment Act contradicts the Nigerian Constitution.
- Lack of Approval: The majority of state Houses of Assembly did not approve the UN Convention against Corruption.
- Illegal Institution: The EFCC, formed under the allegedly flawed law, should be considered illegal.
Potential Implications:
- The outcome could significantly impact the EFCC’s authority to investigate state governments.
- A favorable ruling for the states could limit the EFCC’s powers.
A seven-member panel of justices, led by Justice Uwani Abba-Aji, will hear the case, which was initially filed by the Kogi State Government ¹. The Supreme Court’s decision will have far-reaching consequences for Nigeria’s anti-corruption efforts.
