The Supreme Court is set to deliver a pivotal ruling today regarding the legality of the Economic and Financial Crimes Commission in response to a lawsuit filed by 19 state governments.
These states are challenging the constitutional foundation of the laws that established the EFCC, arguing that the commission’s operations lack proper legal standing.
This verdict is highly anticipated by both the state governors involved in the suit and the EFCC, as it could significantly impact the agency’s authority across the country.
The legal dispute stems from an earlier Supreme Court ruling in the case of Dr. Joseph Nwobike vs. the Federal Republic of Nigeria. In that case, it was highlighted that the EFCC Establishment Act of 2004 was derived from a United Nations Convention against corruption.
The state governments now contend that the law did not comply with Section 12 of the 1999 Constitution, which mandates that any international convention must be ratified by a majority of state assemblies before it can be adopted into Nigerian law.
This lawsuit was initiated by Kogi State and is supported by other states, including Ondo, Edo, and Oyo. The states argue that because the EFCC law was not ratified by their respective state assemblies, the commission’s actions within their territories are unconstitutional and illegal.
A seven-member Supreme Court panel, led by Justice Uwani Abba-Aji, will decide the outcome of the suit.
The EFCC has defended its existence, expressing concern that the lawsuit is an attempt by those affected by its anti-corruption efforts to undermine the agency.
During an interview on Channels Television’s The Morning Brief, the EFCC’s Director of Public Affairs, Wilson Uwujaren, stressed the importance of the commission in Nigeria’s fight against corruption.
“We are shocked by what is happening. Nigerians should see through this shenanigan and oppose it because I don’t see how this country can survive without the EFCC, given the kind of corruption problem that we have. Nigeria cannot do without the EFCC,” Uwujaren said.
He further expressed dismay at the challenge, emphasizing the critical role the EFCC plays in tackling corruption, “I am worried that, with the kind of problem we have with corruption in this country, some people would go to court to challenge the legality of the EFCC.”
Uwujaren suggested that the motivations behind the lawsuit came from individuals or entities feeling threatened by the commission’s work.
He said, “For citizens in their states, I am not sure that the EFCC is their greatest problem. I doubt that this is the case. What you see playing out is simply people who are feeling the heat of the work of the EFCC and who want to derail what is going on within the EFCC.”
He further remarked that the lawsuit was an effort to destabilize the commission’s operations, “They see the EFCC as a threat, which is what is playing out. I think Nigerians can see through the gimmick of those who are behind the challenge to the legality of the commission.”
Uwujaren concluded by pointing out that those opposing the EFCC’s existence are driven by a desire to halt transparency and accountability.
“So, people who are concerned about transparency and accountability will wish for the EFCC to be ‘killed’. Let me use the word ‘killed’ because that is the agenda. They simply want to derail the fight against corruption because they don’t want accountability in their domains,” he said.
