In a significant legal setback for Kogi State and its governor, Yahaya Bello, the Supreme Court of Nigeria has dismissed a suit aimed at challenging the establishment and prosecutorial powers of the Economic and Financial Crimes Commission (EFCC), the Nigerian Financial Intelligence Unit (NFIU), and the Independent Corrupt Practices Commission (ICPC).
Describing the suit as “selfish,” the apex court affirmed the legitimacy of these anti-graft agencies and their authority to investigate and prosecute financial crimes throughout the country. The ruling was delivered by a seven-member panel led by Justice Uwani Abba-Aji on Friday, following cases initiated by the Attorneys General of Kogi State and other states against the Attorney General of the Federation.
The EFCC was established by an Act of the National Assembly on December 12, 2002, which was subsequently repealed and reenacted in 2004. This legislation, signed into law by former President Olusegun Obasanjo, marked the beginning of a two-decade fight against corruption in Nigeria.
During the court proceedings, Mohammed Abdulwahab, SAN, representing Kogi State, argued that the EFCC’s establishment contravened constitutional requirements. He claimed that a United Nations Convention Against Corruption was improperly incorporated into the EFCC Establishment Act without the necessary ratification by a majority of state legislatures, as stipulated in Section 12 of the 1999 Constitution.
Abdulwahab sought the court’s ruling to invalidate the anti-graft agencies, asserting that their creation had created a potential constitutional crisis. He also questioned whether the EFCC and NFIU had the authority to investigate the management of state and local government funds.
In response, Attorney General of the Federation, Lateef Fagbemi, SAN, argued that the establishment of these agencies had been upheld in previous Supreme Court rulings and that granting the states’ requests would undermine the nationwide anti-corruption efforts.
The Supreme Court ultimately ruled that the issues raised were similar across the states involved and that its judgment on Kogi State’s appeal would apply broadly. Justice Abba-Aji emphasized that the NFIU Act was enacted to combat money laundering and that the National Assembly has the power to legislate on corruption regardless of the source of funds.
The court noted that Kogi State’s suit revealed “selfish reasons” behind the challenge, stating that any state law contradicting federal anti-corruption laws would be rendered ineffective. Justice Abba-Aji concluded that the EFCC Act was constitutionally valid and that the suit from Kogi State was dismissed in its entirety.
This ruling reinforces the authority of Nigeria’s leading anti-corruption agencies, which have been pivotal in investigating and prosecuting financial crimes nationwide, and poses a significant challenge for Kogi State’s leadership under Yahaya Bello.
