By Reuben Abati
On October 22, the Supreme Court of Nigeria is set to hear a significant case concerning the legality of several key anti-corruption agencies, including the Economic and Financial Crimes Commission (EFCC) and the Nigerian Financial Intelligence Unit (NFIU). The suit has been initiated by the Attorney General of Kogi State and joined by 15 other states, with 13 states questioning the constitutionality of the EFCC and similar organizations. They argue that these agencies were established outside the constitutional framework and are therefore invalid. Meanwhile, Ogun and Cross River States are challenging the NFIU’s authority to regulate how states withdraw funds allocated by their local assemblies.
A panel of seven justices, led by Justice Uwani Abba-Aji, will review the case. This legal battle resonates with both public interest and the ongoing discourse regarding the strength and interpretation of Nigeria’s institutions and laws. The challenges the states present could reshape the landscape of anti-corruption efforts in the country.
At the heart of the plaintiffs’ argument is the claim that the EFCC Act, developed in line with a United Nations Convention against corruption, is unconstitutional as it wasn’t ratified by the required majority in the state assemblies, as outlined in Section 12 of the 1999 Constitution. They assert that because the states were not signatories to the EFCC Act, the agency lacks the authority to investigate cases of public fund misallocation. The Attorney General of the Federation counters that the states’ consent is unnecessary for the act’s validity.
Some states also contend that the NFIU should not have the power to regulate withdrawals from their accounts. They maintain that as a federation, each state should have the autonomy to form its own anti-corruption bodies without federal oversight.
Interest in this case extends beyond legal circles, capturing the attention of the public as well as lawyers. Many are cautious about predicting the outcome, given that this is not the first time the constitutionality of these agencies has been questioned. Previous rulings, such as in Olafisoye v. FRN (2004) and AG Ondo State v. AG Federation (2002), upheld the authority of the National Assembly to legislate on matters of corruption, reinforcing the claims made by the federal government.
The legal contention surrounding the NFIU stems from a contentious history of financial autonomy for local councils. In 2019, the NFIU issued directives restricting state governments from interfering with local council funds, igniting legal disputes that have escalated to the Supreme Court.
Prominent legal figures, Senior Advocates of Nigeria Dr. Olisa Agbakoba and Mr. Femi Falana, have weighed in on the issue. Agbakoba argues that the EFCC was “unconstitutionally established” and that its creation has led to an overlap with the Nigeria Police Force, suggesting a need for definitive reform and clearer mandates. On a recent news program, he expressed his concerns about the agency’s effectiveness, stating, “These guys are terrorists; they use their might to terrorize us.”
Falana, while acknowledging the need for reform, asserts that the Supreme Court has consistently upheld the legality of the EFCC and ICPC. He insists that the states’ legal actions are attempts to obstruct corruption enforcement efforts, urging legislative measures to solidify the agencies’ legal standing within the constitution.
As the Supreme Court prepares to issue its ruling, the case has broader implications for Nigeria’s governance and public policy, especially in the context of the country’s ongoing struggles with corruption and financial governance. With Nigeria’s debt situation worsening and the FATF recently grey-listing the country again, there’s a pressing need to maintain robust anti-corruption frameworks rather than dismantle them.
Both Agbakoba and Falana emphasize the urgency for reform within the EFCC to enhance its professionalism and effectiveness. The agency has faced criticism for its methods, leading to public skepticism and allegations of selective justice. Addressing these concerns may be vital as Nigeria continues to navigate the complexities of governance and accountability amid an ongoing battle against corruption. The upcoming Supreme Court ruling could play a pivotal role in shaping the future of these institutions and their capacity to uphold the rule of law in Nigeria.
