Supreme Court Dismisses Yahaya Bello’s Case Against EFCC’s Powers

The Supreme Court of Nigeria has dismissed a lawsuit brought by Kogi State and 18 other states seeking to declare the operations of the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices Commission (ICPC), and the Nigerian Financial Intelligence Unit (NFIU) illegal.

In a unanimous verdict delivered by a seven-member panel led by Justice Uwani Abba-Aji, the apex court upheld the legality of the EFCC and related anti-corruption agencies. The court ruled that the EFCC Establishment Act, which was passed by the National Assembly in 2002, did not require ratification by state Houses of Assembly since it was not a treaty but a convention.

Key Highlights of the Supreme Court Ruling:

1. Legal Competence of the EFCC Act: The court clarified that the National Assembly’s enactment of the EFCC Act was within its legislative powers and binding on all states. It noted that “any act competently enacted by the National Assembly cannot be said to be inconsistent” with the Constitution.
2. Federating Units and Powers: The justices emphasized that in Nigeria’s federal system, federating units (states) do not have absolute legislative power when it comes to matters within the purview of federal legislation, such as anti-corruption laws.
3. Role of NFIU Guidelines: The court dismissed claims that the NFIU’s guidelines overstepped constitutional bounds, stating that they serve as benchmarks rather than controls over state funds.
4. Rejection of Plaintiffs’ Arguments: The states argued that Section 12 of the 1999 Constitution required ratification by state legislatures for the EFCC Act to be valid. However, the court ruled this interpretation incorrect and untenable, affirming that the Act was properly enacted under federal legislative authority.

The EFCC, created during the tenure of former President Olusegun Obasanjo in December 2002, commenced operations in April 2003 under its first chairman, Nuhu Ribadu. The commission’s Establishment Act was amended in 2004 to strengthen its operational framework.

The Supreme Court’s decision reinforces the federal government’s authority in combating corruption and upholds the powers of the EFCC, ICPC, and NFIU to operate across the country without needing approval from state legislatures.