Adebayo Adenrele
The Supreme Court has rejected to declare the operations of the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices Commission (ICPC), and Nigerian Financial Intelligence Unit (NFIU), created by the Federal Government, illegal
A seven-man panel of the apex court, led by Uwani Abba-Aji, on Friday dismissed the suit that 19 states filed to query the legal validity of the process that led to the establishment of the anti-graft agency in 2002.
According to the Supreme Court, the EFCC Establishment Act did not require any form of ratification by the Houses of Assembly of the 36 states of the federation since it was not a treaty but a convention.
“A convention would have been ratified by member states and the National Assembly can make laws from it, which will be binding on all the states in Nigeria as it is in the case of EFCC Establishment Act. In a country like Nigeria, the federating units do not have absolute power. The NFIU guideline is to present a benchmark and not to control the funds.
“Where an Act of law is made by NASS like the NFIU and its guideline, it is binding on all. Any act that has been competently enacted by the NASS cannot be said to be inconsistent.
“Where the NASS has enecated several laws on corruption, money laundering, etc, no state has the right to make law to compete with it. The investigative power of the EFCC cannot be said to be in conflict with legislative powers of the state assembly. I must agree with the AGF that the plaintiffs’ argument, that is, the Houses of Assembly of the plaintiffs’ states, is not tenable in law,” the Supreme Court added.