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JUST IN: Supreme Court dismisses states’ suit challenging constitutionality of EFCC, others

Published

1 year ago

November 15, 2024

Charles Flames

263 Views

….. Strikes out FG’s preliminary objections

The Supreme Court of Nigeria on Friday dismissed a suit filed by 19 states challenging the constitutionality of the acts establishing the Economic and Financial Crimes Commission (EFCC) and two other anti-corruption agencies.

The suit, which was instituted against the Attorney-General of the Federation (AGF), argued that the establishment of these agencies was unconstitutional and infringed upon the powers of the states.

The plaintiffs had argued that the Supreme Court, in Dr Joseph Nwobike Vs Federal Republic of Nigeria, had held that it was a UN Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.

They argued that, in bringing a convention into the Nigerian law, the provision of Section 12 must be complied with.

According to them, the provision of the Constitution necessitated the majority of the states’ Houses of Assembly agreeing to bringing the convention in before passing the EFCC Act and others, which was allegedly never done.

While delivering judgement on Friday, Justice Uwani Abba-Aji, who led a seven-member panel of justices, ruled that “the EFCC Act, which is not a treaty but a convention does not need the ratification of the houses of assembly.”

“Let me first look at the constitutional provision. The plaintiffs rely on Section 12 of the constitution in their argument. Treaty is an agreement reached by two or more countries which has to be ratified.

“Convention: Conventions are agreed by a larger number of nations. Conventions only come into force when a larger number of countries agree.

“Therefore, the EFCC Act, which is not a treaty but a convention does not need the ratification of the houses of assembly.

A convention would have been ratified by members state and the NASS can make laws from it, which will be binding on all the states in Nigeria as it is the case of EFCC Establishment Act,” the Judge said.

The Supreme Court dismissed the suit in its entirety and resolved the case against the plaintiffs.

“In a country like Nigeria, the federating units do not have absolute power. The NFIU guideline is to present a benchmark and not to control the funds.

“Where an Act of law is made by NASS like the NFIU and its guideline, it is binding on all. Any act that has been competently enacted by the NASS cannot be said to be inconsistent.

“Where the NASS has enecated several laws on corruption, money laundering, etc, no state has the right to make law to compete with it.

The investigative power of the EFCC cannot be said to be in conflict with legislative powers of the state assembly.

“I must agree with the AGF that the plaintiffs’ argument, that is, the houses of assembly of the plaintiffs states is not tenable in law,” the Supreme Court added.

The Court ruled that the NFIU guideline had not contravened the provision of the constitution to manage the funds of their states and resolve the issues against the plaintiffs.

All other judges agreed with the lead judgment, saying all the issues raised in the states’ suit had no merit “and are accordingly dismissed.

“The Court had earlier dismissed all objections of the Federal Government to the suit filed by the states.

Justice Abba-Aji said the plaintiffs case was against the Attorney-General of the Federation and not any of the agencies mentioned, hence, the Supreme Court has jurisdiction to determine it.

“Since the AGF is assumed to be the chief law officer of the federation, he is by all means the proper and necessary party.

“The AGF has locus standi to institute action against any oneAnd the AGF can be sued in any civil matter against the government.

“It is clear that the Federal Government has legal tussle with the states based on the directive of the NFIU which the states are contending.

The preliminary objection is hereby dismissed,” he ruled. Reacting, the Counsel to Kogi State, Abdulwahab Mohammed, SAN, said, “This is an issue we have raised before the FHC, it was not addressed.

We raised it at the Appeal Court and was not addressed.

This is going to enrich our jurisprudence. We thank your lordship for hearing us out.

“Representative of the AGF, Rotimi Oyedepo, SAN, said, “We convey our gratitude to the court for your wisdom.

Your lordship has permanently settled the legality of the anti-corruption agency in fighting corruption.”

News

Homicide: Killer husband on the run for alleged murder of wife

Ayobami Ayanwale was allegedly stabbed to death in front of her children by her husband.

Published

7 hours ago

January 9, 2026

OCHEFA

16 Views

Tragedy struck at number 21 Olutayo Alao Street, River Valley Estate, mainland Lagos.

A mother of three simply identified as Ayobami Ayanwale was allegedly stabbed to death in front of her children by her husband.

Eye-witness neighbours who confirmed the incident said that her body has since been deposited at a mortuary after she was pronounced dead on arrival at a hospital at Olowoora area of the community.

Following the incident, the alledged killer husband has fled, leaving the survived three children with the dead wife’s elder brother at Akute.

The case was reported to Adigboluja Police station Ojodu-Abiodun.

News

Armed Forces Celebration and Remembrance Day on January 15

The Director Defence Information (DDI), Maj Gen Samaila Uba, disclosed this emphasising that the redesignation was to reflect the dual dual essence of the occasion in honouring the living while also acknowledging the fallen heroes.

Published

8 hours ago

January 9, 2026

OCHEFA

14 Views

Previously known as ‘Armed Forces Remembrance Day‘, the name has been officially changed to ‘Armed Forces Celebration and Remembrance Day.’

“January 15 is set aside annually by the Federal Government of Nigeria to honour the living personnel of the Armed Forces of Nigeria (AFN) while acknowledging the sacrifices of those who have paid the supreme price to safeguard the nation’s territorial integrity as well as the lives and properties of its citizens.

He urged the media to adopt “Armed Forces Celebration and Remembrance Day” in all their future reportage.

“The AFN once again appreciates the media’s unwavering support in the fight against insecurity and looks forward to even stronger collaboration ahead, he said.

News

Farouk Ahmed: Dangote Takes Petition Against Ex-NMDPRA Boss to EFCC

In the petition signed by Lead Counsel Dr. O.J. Onoja S.A.N, Dangote urged the EFCC to investigate allegations of abuse of office and corrupt enrichment against Mr. Ahmed and prosecute him if found culpable.

Published

10 hours ago

January 9, 2026

OCHEFA

12 Views

• Aliko Dangote and Farouk Ahmed when the going was good.

The Chairman of Dangote Industries Limited (DIL), Aliko Dangote, through his legal representative, has filed a formal corruption petition against former Managing Director of the Midstream Downstream Petroleum Regulatory Authority (NMDPRA), Farouk Ahmed, at the headquarters of the Economic and Financial Crimes Commission (EFCC).

This move follows the withdrawal of the same petition from the Independent Corrupt Practices and Other Related Offences Commission (ICPC), a strategic decision aimed at accelerating the prosecution process.

“We make bold to state that the commission is strategically positioned along with sister agencies to prosecute financial crimes and corruption related offences, and upon establishing a prima facie case, the courts do not hesitate to punish offenders. See Lawan v. F.R.N (2024) 12 NWLR (Pt. 1953) 501 and Shema v. F.R.N. (2018) 9 NWLR (Pt.1624)337.”

Onoja further urged the commission, under the leadership of Mr. Olanipekun Olukoyede, “…to investigate the complaint of Abuse of Office and Corruption against Engr. Farouk Ahmed and to accordingly prosecute him if found wanting”

The petition also stated that: “The commission’s firm resolve in handling this matter with dispatch is not only imperative and expedient but will also serve as a deterrent to other public officers out there with such corrupt proneness and tendencies”

The development reinforces Dangote’s unwavering commitment to transparency and accountability in Nigeria’s oil and gas sector.

It will be recalled that on December 14, 2025, Dangote raised concerns about Mr. Ahmed’s financial dealings, alleging that the former regulator is living far beyond his legitimate means.

According to Dangote, four of Mr. Ahmed’s children attended elite secondary schools in Switzerland, incurring costs running into several millions of dollars—an expenditure that raises questions about potential conflicts of interest and the integrity of regulatory oversight in the downstream petroleum industry.

Dangote listed the schools attended by Mr. Ahmed’s children: Faisal Farouk (Montreux School), Farouk Jr. (Aiglon College), Ashraf Farouk (Institut Le Rosey), and Farhana Farouk (La Garenne International School), noting that each child spent six years in these institutions.

He estimated annual tuition, travel, and upkeep per child at $200,000, totaling approximately $5 million for their secondary education.

Additionally, Dangote alleged that Mr. Ahmed spent another $2 million on tertiary education for the four children, including $210,000 for Faisal’s 2025 Harvard MBA program.

“Nigerians deserve to know the source of these funds, especially when many parents in Mr. Ahmed’s home state of Sokoto struggle to pay as little as ₦10,000 in school fees,” Dangote stated.

The petition calls for a comprehensive investigation to ensure accountability and restore public confidence in Nigeria’s regulatory institutions.