The lawsuit filed by 19 states against the Attorney-General of the Federation, contesting the constitutionality of the Acts creating the Economic and Financial Crimes Commission (EFCC) and two other anti-corruption organisations, was dismissed by the Supreme Court on Friday.
In Dr. Joseph Nwobike v. Federal Republic of Nigeria, the plaintiffs contended that the Supreme Court had ruled that the EFCC Establishment Act was a reduction of the UN Convention Against Corruption and that the 1999 Constitution’s amended Section 12 had not been adhered to when the law was passed in 2004.
They maintained that Section 12 must be followed in order to incorporate a Convention into Nigerian law.
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They contend that the Constitution’s requirement that the majority of state Houses of Assembly consent to the Convention’s entry prior to the EFCC Act and other laws being passed was never fulfilled.
As the head of a seven-member panel of justices, Justice Uwani Abba-Aji ruled Friday that “the EFCC Act, which is not a treaty but a Convention, does not need the ratification of the Houses of Assembly.”
“Let me first look at the constitutional provision. The plaintiffs rely on Section 12 of the Constitution in their argument. Treaty is an agreement reached by two or more countries which has to be ratified.
“Convention: Conventions are agreed by a larger number of nations. Conventions only come into force when a larger number of countries agree.
“Therefore, the EFCC Act, which is not a treaty but a Convention does not need the ratification of the Houses of Assembly.
“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 the case of EFCC Establishment Act,” the judge added.
The Supreme Court dismissed the suit in its entirety and resolved the case against the plaintiffs.
“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 the National Assembly like the NFIU and its guideline, it is binding on all. Any Act that has been competently enacted by the National Assembly cannot be said to be inconsistent.
“Where the National Assembly has enecated several laws on corruption, money laundering, etc, no state has the right to make laws 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 plaintiff states – is not tenable in law,” the Supreme Court added.
The Court decided against the petitioners, ruling that the NFIU guideline had not violated the Constitution’s provisions pertaining to states’ authority to manage their finances.
Every other judge concurred with the lead ruling, stating that every point brought forth in the states’ suit was without substance and was “thus dismissed.”
The Court had already rejected all of the federal government’s objections to the states’ lawsuit.
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According to Justice Abba-Aji, the Supreme Court has the authority to decide the issue because it was brought against the Attorney-General of the Federation and not any of the agencies listed.
“Since the AGF is assumed to be the chief law officer of the federation, he is by all means the proper and necessary party.
“The AGF has locus standi to institute action against any one And the AGF can be sued in any civil matter against the government.
“It is clear that the Federal Government has legal tussle with the states based on the directive of the NFIU which the states are contending. The preliminary objection is hereby dismissed,” he ruled.
Reacting, the Counsel to Kogi State, Abdulwahab Mohammed, SAN, said, “This is an issue we have raised before the FHC, it was not addressed.
“We raised it at the Appeal Court and was not addressed. This is going to enrich our jurisprudence. We thank your lordship for hearing us out.”
Representative of the AGF, Rotimi Oyedepo, SAN, said, “We convey our gratitude to the court for your wisdom. Your lordship has permanently settled the legality of the anti-corruption agency in fighting corruption.”
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