The Supreme Court has dismissed a lawsuit filed by 19 states challenging the establishment and prosecutorial authority of key anti-corruption agencies, including the EFCC, ICPC, and NFIU. The court ruled that the laws establishing these agencies were validly enacted by the National Assembly and within its legislative competence.
Details of the Ruling
The case, led by Kogi State, argued that the EFCC’s establishment violated the Nigerian Constitution due to non-compliance with Section 12 during the enactment of the EFCC Act in 2004. However, the Supreme Court ruled against the states, describing their motives as “selfish” and affirming the agencies’ legitimacy.
The ruling solidifies the EFCC’s authority to investigate and prosecute crimes at both state and federal levels, strengthening its operational capacity to combat corruption.
Oladele’s Reaction
Hon. Kayode Oladele, former Chairman of the House Committee on Financial Crimes, hailed the ruling as a validation of Nigeria’s cooperative federalism. He emphasized that agencies like the EFCC operate as joint entities for both federal and state governments under sections 174(1)(b) and 211(1)(b) of the 1999 Constitution.
Oladele stated that the judgment boosts the operational capacity of anti-graft agencies and discourages attempts to undermine their efforts in fighting corruption.
Historical Debate
Legal experts, including Mr. Femi Falana SAN and Hon. Oladele, have consistently defended the constitutionality of the EFCC. They have opposed arguments, such as those from former NBA President Olisa Agbakoba SAN, who questioned the agency’s legitimacy.
The Supreme Court ruling confirms the EFCC’s constitutional status, quelling debates on its establishment and authority.
Conclusion
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