Sixteen Nigerian state governments have filed a consolidated suit before the Supreme Court, challenging the legality of the Economic and Financial Crimes Commission (EFCC). The suit, scheduled for hearing on October 22, questions the constitutionality of the EFCC’s establishment law and seeks to limit its powers over state finances.
The plaintiffs, which include Anambra, Benue, Oyo, and Sokoto, argue that the EFCC’s 2004 Establishment Act, rooted in a United Nations anti-corruption convention, violates Section 12 of Nigeria’s 1999 Constitution, which requires state assemblies to approve international treaties before they can become law. They contend that the EFCC’s authority to investigate state finances without state approval is unconstitutional.
The states seek several court declarations, including that the EFCC and other federal agencies like the Nigerian Financial Intelligence Unit (NFIU) have no authority to investigate or manage state or local government funds. They argue that such powers should rest solely with state institutions like the Accountant-General and Auditor-General.
This legal battle comes as several state governments, including Kogi and Oyo, have previously challenged the EFCC’s jurisdiction over their finances in court but lost. Legal experts are divided, with some seeing the lawsuit as a justified constitutional test, while others criticize it as an attempt to evade accountability.
The outcome of this case is expected to have a significant impact on the future of anti-corruption efforts in Nigeria. All eyes are on the Supreme Court as it decides whether the EFCC’s actions are within the law or overreach its mandate.
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