The Supreme Court of Nigeria is set to rule today on a significant case regarding the constitutionality of the Economic and Financial Crimes Commission (EFCC), following a suit filed by 19 state governments.
The governors are contesting the legality of the laws that established the EFCC, arguing that the commission was not properly constituted in line with constitutional requirements.
The plaintiffs, led by Kogi State, assert that the EFCC Establishment Act, enacted in 2004, failed to comply with Section 12 of the 1999 Constitution, which mandates that any international convention must be ratified by a majority of state assemblies before becoming part of Nigerian law.
They claim that because this procedure was not followed, the EFCC’s existence is unconstitutional and, therefore, any actions taken by the commission should be deemed invalid.
The EFCC, however, has expressed concern over the challenge to its legitimacy, with its Director of Public Affairs, Wilson Uwujaren, suggesting that those pushing for the overhaul of the agency are feeling the pressure from its anti-corruption efforts. Uwujaren defended the commission’s vital role in combating corruption, asserting that Nigeria cannot afford to undermine such an institution in the fight against graft.
Legal opinions on the matter are divided. Prominent lawyers like Olisa Agbakoba have criticized the EFCC’s establishment as unconstitutional, while others, including human rights activist Femi Falana, defend its legitimacy, arguing that the laws governing the EFCC followed due process. Some experts contend that the EFCC is crucial for Nigeria’s anti-corruption framework and should remain intact to uphold accountability.
The ruling today will have significant implications for the EFCC’s operations and the ongoing struggle against corruption in Nigeria.
