The Supreme Court is set to rule today on a case filed by 19 state governments challenging the constitutionality of the laws that established the Economic and Financial Crimes Commission (EFCC). The states argue that the EFCC Act, which was based on a United Nations anti-corruption convention, did not follow the procedures outlined in Section 12 of the 1999 Constitution. According to the states, for such a law to be applied in Nigeria, a majority of the state houses of assembly needed to approve it, which was allegedly not done. As a result, they claim the EFCC was formed illegally.
The case, initiated by Kogi State and joined by several others, has raised tensions between state governments and the EFCC. The EFCC, however, remains steadfast in defending its role in fighting corruption, stating that those behind the lawsuit are feeling pressured by its work. Wilson Uwujaren, the EFCC’s Director of Public Affairs, has emphasized that the commission plays an essential role in Nigeria’s fight against corruption and that this lawsuit is an attempt to derail that effort.
Prominent lawyers have also weighed in. Dr. Olisa Agbakoba argued that the EFCC was unconstitutionally established, while Femi Falana countered that the anti-corruption body is lawful. Other civil society leaders, such as Chico Onumah and Kolawole Oluwadare, have supported the EFCC, pointing out that it was formed through proper legislative processes and remains a crucial institution in Nigeria’s fight against corruption.
This case is seen as a critical test for both the legality of the EFCC and the broader anti-corruption efforts in Nigeria.