The Supreme Court on Friday dismissed a suit filed by Kogi and some other state governments challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC), Nigerian Financial Intelligence Unit (NFIU), and Independent Corrupt Practices and Other Related Offences Commission (ICPC).

The apex court, led by Justice Uwani Abba-Aji, held that the suit lacked merit, affirming the legality of the anti-graft agencies and their powers to investigate and prosecute financial crimes nationwide.

The case, initiated by the Attorneys General of Kogi State and others against the Attorney General of the Federation (AGF), argued that the EFCC Act and related laws incorporated provisions of the United Nations Convention Against Corruption without fulfilling the constitutional requirement under Section 12 of the 1999 Constitution.

This provision, they argued, mandates ratification by the National Assembly and a majority of state Houses of Assembly before treaties can have the force of law.

Counsel for Kogi State, Mohammed Abdulwahab, SAN, contended that this omission rendered the EFCC Act unconstitutional.

He urged the court to invalidate the laws establishing the anti-graft agencies, arguing that they undermined states’ financial autonomy and raised the potential for unconstitutional interference in the management of state and local government funds.

In defence, the Attorney General of the Federation, Lateef Fagbemi, SAN, maintained that the National Assembly acted within its constitutional powers in enacting the EFCC Act and other related laws.

He emphasised that the Supreme Court had previously upheld the agencies’ constitutionality in similar cases and argued that granting the states’ reliefs would jeopardise the fight against corruption across the federation.

Delivering the judgement, Justice Abba-Aji clarified that the EFCC Act, being a convention and not a treaty, did not require state-level ratification.

The apex court held that the National Assembly has constitutional authority to enact laws combating corruption and associated crimes, irrespective of whether the funds in question belong to the federal, state, or local governments.

The Supreme Court dismissed claims that the EFCC’s powers or the NFIU guidelines infringed on state autonomy, noting that no state law could override laws enacted by the National Assembly.

Justice Abba-Aji criticised the plaintiffs, particularly Kogi State, for filing the suit, suggesting it was motivated by an attempt to shield state officials from EFCC investigations.

Justice Abba-Aji held that the case exposed “skeletons in the state’s cupboard,” highlighting the self-serving nature of the challenge.

In its unanimous decision, the court held that the anti-graft agencies’ establishment and operations were constitutionally right.