Supreme Court Upholds EFCC, ICPC, NFIU’s Authority to Probe All Government Levels

The Supreme Court on Friday, affirmed the powers of the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC) and the Nigeria Financial Intelligence Unit (NFIU) to investigate and prosecute alleged crimes whether at the federal, state and local government levels.

The apex court in a judgement delivered by Justice Uwani Aba-Aji, held that the Acts establishing the anti corruption agencies were lawfully made by the National Assembly that is constitutionally empowered to make laws for the good governance of the entire country.

The Attorney-General of Kogi State had dragged the federal government to court to challenge the legality of the EFCC, ICPC and NFIU’s Acts, on the grounds that they were not ratified by the state Houses of Assembly haven been an offshoot of the United Nations convention on corruption.

The plaintiff later joined by 18 others, thereby asked the apex court to hold that the anti-graft agencies lack powers to investigate and prosecute states on how they administer funds belonging to them in their states.

Besides, the plaintiffs prayed the court to restrain the EFCC, ICPC and NFIU form inviting, arresting, investigating and or prosecuting them in respect of their states’ funds.

However, the apex court in its judgement on the issue held that the anti-graft agencies are legal entities empowered to investigate and prosecute economic and financial crimes across all strata of the country on the grounds that they are products of the National Assembly, whose laws are binding on all the federating units as well as their agencies.

Besides, the apex court held that although the Acts establishing the anti corruption agencies were an offshoot of the United Nations convention, they are nonetheless lawful, legal and binding, having been enacted by the National Assembly.

According to the apex court, laws passed by the National Assembly do not need any ratification by the states of the federation.

“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 members state and the NASS can make laws from it, which will be binding on all the states in Nigeria as it is the case of EFCC Establishment Act,” Justice Aba-Aji held.

While pointing out that the federating units in a country like Nigeria, do not have absolute power, the apex court held that where an Act or law is made by NASS like the NFIU and its guideline, it is binding on all.

“Any act that has been competently enacted by the NASS cannot be said to be inconsistent.

“Where the NASS has enacted several laws on corruption, money laundering, etc, no state has the right to make law 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 plaintiffs’ states is not tenable in law,” the Supreme Court adding that the NFIU guideline had not any way contravened the provision of the constitution to manage the funds of their states.

The apex court subsequently dismissed the suit for lacking in merit.

Although, the panel initially dismissed the federal government’s objection to the suit for being incompetent and lacking in merit.

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.”

Alex Enumah

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