by Nurat Uthman
The Supreme Court has dismissed the suit instituted by 16 states of the federation against the Attorney-General of the Federation, challenging the constitutionality of the Acts establishing the Economic and Financial Crimes Commission (EFCC) and two other anti-corruption agencies
The other agencies are the Independent Corrupt Practices and other related offences Commission (ICPC) and the Nigerian Financial Intelligence Unit (NFIU).
The Apex Court dismissed it for lacking in merit.
Delivering the Lead Judgement, Justice Uwani Abba-Aji, held that the states were completely wrong in holding that EFCC established by an act of the National Assembly, was an illegal and unlawful body.
Justice Abba-Aji, who led a seven-member panel of justices, ruled that the EFCC Act, which is not a treaty but a convention, does not need the ratification of the houses of assembly.
The Court had earlier dismissed all objections of the Federal Government to the suit filed by the states.
Justice Abba-Aji said the plaintiffs case was against the Attorney-General of the Federation and not any of the agencies mentioned, hence, the Supreme Court has jurisdiction to determine it.
The suit, which was initially instituted by attorneys general of 16 states, sought the scrapping of the anti-graft agency. While some states withdrew from the suit, some others asked to be joined as co-plaintiffs.
The states that initiated the suit include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River and Niger.
However, at the resumed hearing on October 22, Imo, Bauchi, and Osun states joined the suit as co-plaintiffs while Anambra, Ebonyi, and Adamawa states announced their decisions to withdraw their suits.
The trio’s suits were struck out, accordingly, by the court.
