Supreme Court Judgement: ‘We Have Been Vindicated Over EFCC’s Legality’

The former chairman of the House of Representatives Committee on Financial Crimes, Hon. Kayode Oladele, has lauded the recent Supreme Court judgement dismissing the suit filed by 19 states of the federation challenging the establishment and prosecutorial powers of key anti-corruption agencies of the federal government; the Economic and Financial Crimes Commission, (EFCC), Independent Corrupt Practices and Other related Offences Commission (ICPC) and the Nigerian Financial Intelligence Unit, (NFIU).

The 19 states, led by Kogi State had approached the Apex Court to seek judicial interpretation and judgement on the existence and prosecutorial authority of the anti-corruption agencies in the states stating that a UN Convention against corruption had led to the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the Nigerian Constitution was not followed.

However, in a landmark judgement delivered on Friday, November 15, 2024 by a seven-member panel, led by Uwani Abba-Aji, the Supreme Court ruled that the laws establishing the EFCC and other anti-graft agencies were validly enacted by the National Assembly within its legislative competence. The Court, while striking out the case for lack of merit, pronounced as “selfish” the motives of the state governments challenging the establishment of the anti-graft agencies.

In a statement, Oladele stated that the decision of the Supreme Court is a “vindication of our position that Nigeria operates a co-operative federalism as opposed to dual federalism and under the co-operative federalism as practiced in Nigeria, some agencies like the EFCC, ICPC and NFIU are common agencies for both the Federal and State Government and such, the EFCC is qualified as any other authority to institute criminal proceedings under section 174(1)(b) and section 211(1)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)”.

Oladele also believed that the decision would be another bold step towards enhancing the operational capacities of the anti-graft agencies in Nigeria. “It has finally put to rest the desperation by some powerful forces to truncate the federal government’s efforts in fighting and taming the monster of corruption in the country and I have no doubt in my mind that the judgement will further enhance and strengthen the operational capacity of our anti-graft agencies”.

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“By this judgement, the investigative and prosecutorial powers of EFCC and ICPC over crimes committed at both the states and federal levels have been affirmed and our arguments have been sustained by the Supreme Court”, Oladele added.

It could be recalled that both Mr. Femi Falana, SAN and Hon. Kayode Oladele had locked horns in recent times with the former President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba SAN over the constitutionality of the EFCC. While Mr. Agbakoba had argued in a letter to the National Assembly that the EFCC was unconstitutionally established as “the powers under which it was established go beyond the powers of the National Assembly” and therefore, should be abolished; both Falana and Oladele had posited that the view expressed by Agbakoba “did not have any legal backing and therefore unsupportable in law and practice, but mere sophistry”.