• Hausa Edition
  • Podcast
  • Conferences
  • LeVogue Magazine
  • Business News
  • Print Advert Rates
  • Online Advert Rates
  • Contact Us
Sunday, July 27, 2025
Leadership Newspapers
Read in Hausa
  • Home
  • News
  • Politics
  • Business
  • Sport
  • Health
  • Entertainment
  • Opinion
    • Editorial
  • Columns
  • Football
  • Others
    • LeVogue Magazine
    • Conferences
    • National Economy
  • Contact Us
No Result
View All Result
  • Home
  • News
  • Politics
  • Business
  • Sport
  • Health
  • Entertainment
  • Opinion
    • Editorial
  • Columns
  • Football
  • Others
    • LeVogue Magazine
    • Conferences
    • National Economy
  • Contact Us
No Result
View All Result
Leadership Newspapers
No Result
View All Result

BREAKING: Supreme Court Dismisses Case Challenging EFFC’s Legality

by Olakunle Olasanmi
8 months ago
in Cover Stories
Share on WhatsAppShare on FacebookShare on XTelegram

The Supreme Court, on Friday, dismissed the suit instituted by some State governments challenging the legality of the law establishing the Economic and Financial Crimes Commission (EFCC).

Advertisement

LEADERSHIP reports that the suit was instituted by 16 States of the federation against the Attorney-General of the Federation (AGF), challenging the constitutionality of the Acts establishing the EFCC, the Independent Corrupt Practices and other related offences Commission (ICPC) and the Nigerian Financial Intelligence Unit (NFIU).

A seven-member justices of the apex court, in a unanimous judgment, held that the suit was unmeritorious.

In the lead judgement by Justice Uwani Abba-Aji, the Supreme Court resolved the six issues raised for determination in the suit in favour of the Respondents.

The court held that the laws establishing the anti-corruption agencies were validly enacted by the National Assembly within its legislative competence.

RELATED

Nigerians In Diaspora Invest $90bn In Economy – Commission

We Are Intensifying Effort On Diaspora Investments–FG

5 hours ago
2027: ADC Leaders Mull Plan B, Pursue ADA Registration

2027: ADC Leaders Mull Plan B, Pursue ADA Registration

5 hours ago

It faulted the claim by the plaintiffs that the EFCC Act, being a product of the United Nations convention on corruption, ought to be ratified by majority of the State Houses of Assembly.

The plaintiffs had, in their suit, argued that the Supreme Court, in Dr Joseph Nwobike Vs. Federal Republic of Nigeria, had held that it was a UN Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.

They argued that, in bringing a convention into the Nigerian law, the provision of Section 12 must be complied with.

According to them, the provision of the constitution necessitated the majority of the states’ Houses of Assembly agreeing to bringing the convention in before passing the EFCC Act and others, which was allegedly never done.

While delivering judgement on Friday, Justice Abba-Aji ruled that “the EFCC Act, which was not established from 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.

“Conventions are agreed by a larger number of nations. Conventions only come into force when a larger number of countries had agreed.

“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 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 said.

The apex court, therefore, 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,” she said.

The judge held that where the National Assembly had enecated several laws on corruption, money laundering, etc, no state had 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’s houses of assembly.

“I must agree with the honourable AGF that the plaintiffs’ argument, that is, the houses of assembly of the plaintiffs states, is not tenable in law,” she added.

Abba-Aji ruled that the NFIU guideline had not contravened the provision of the constitution in the management of the state’s funds and resolved the issues against the plaintiffs.

All other judges agreed with the lead judgment, saying all the issues raised in the states’ suit had no merit “and are accordingly dismissed.”

Justice Abba-Aji 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 AGF and not any of the agencies mentioned, hence, the Supreme Court had jurisdiction to determine it.

“Since the AGF is assumed to be the chief law officer of the federation, he is by all means the proper and necessary party in the suit..

“The AGF has locus standi to institute action against any one and the AGF can be sued in any civil matter against the government.”

The judge held that it was clear that the Federal Government had legal tussle with the states based on the directive of the NFIU which the states were contending.

“Therefore, the preliminary objection is hereby dismissed,” he ruled.

Reacting, the Counsel to Kogi State Attorney-General, Abdulwahab Mohammed, SAN, said, “This is an issue we have raised before the Federal High Court, 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.”


We’ve got the edge. Get real-time reports, breaking scoops, and exclusive angles delivered straight to your phone. Don’t settle for stale news. Join LEADERSHIP NEWS on WhatsApp for 24/7 updates →

Join Our WhatsApp Channel




Tags: Supreme Court
SendShareTweetShare
Previous Post

Blackout: Gov Eno Sacks Ibom Power MD

Next Post

Edo Camp Seeks Borno Gov’t Support As 5 IDPs Become Medical Doctors

Olakunle Olasanmi

Olakunle Olasanmi

You May Like

Nigerians In Diaspora Invest $90bn In Economy – Commission
Cover Stories

We Are Intensifying Effort On Diaspora Investments–FG

2025/07/27
2027: ADC Leaders Mull Plan B, Pursue ADA Registration
Cover Stories

2027: ADC Leaders Mull Plan B, Pursue ADA Registration

2025/07/27
Victorious Super Falcons Stun Morocco To Clinch 10th WAFCON Title
Cover Stories

Victorious Super Falcons Stun Morocco To Clinch 10th WAFCON Title

2025/07/27
Why I Wrote A Book On Mathematics At 10 – Young Author
Cover Stories

Why I Wrote A Book On Mathematics At 10 – Young Author

2025/07/27
BREAKING: Super Falcons Clinch 10th WAFCON Title
Cover Stories

BREAKING: Super Falcons Clinch 10th WAFCON Title

2025/07/26
Over 40 Major Projects Ongoing In North Under Tinubu, Says Presidency
Cover Stories

Over 40 Major Projects Ongoing In North Under Tinubu, Says Presidency

2025/07/26
Leadership Conference advertisement

LATEST

Nigeria Mourns, Daura In Sorrow, Dikko In Pensive Mood

“Wet the Grass”: Tinubu’s Warning and APC’s Big Grassroots Test

NGO Announces Launch Of Empower Her Ability To Support Women With Disabilities In Business

ASIS 4.0: Stakeholders Pledge Collaboration To Unlock Africa’s Potential

Caverton Champions Sustainable Marine Mobility With Award-winning Research

Dangiwa Assures Contractors Of Payments

CORBON To Register, Train Additional Cadres Of Building Artisans

FirstBank, NiDCOM’s New Platform Targets Safer Homeownership For Nigerians Overseas

Nigeria Targets 2.7m MT Cereal Production Growth By By 2034

BAT Nigeria Calls For Export Reforms To Boost Economic Growth

© 2025 Leadership Media Group - All Rights Reserved.

No Result
View All Result
  • Home
  • News
  • Politics
  • Business
  • Sport
  • Health
  • Entertainment
  • Opinion
    • Editorial
  • Columns
  • Football
  • Others
    • LeVogue Magazine
    • Conferences
    • National Economy
  • Contact Us

© 2025 Leadership Media Group - All Rights Reserved.