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

Published

11 months ago

November 15, 2024

Charles Flames

141 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

Obidient Movement congratulates Amupitan on appointment as INEC chairman

In a statement jointly signed by Yunusa Tanko, National Coordinator, and Nana Kazaure, Director of Strategic Communications and Media, the movement commended President Bola Tinubu for the appointment and extended its warm felicitations to the new INEC chairman.

Published

20 hours ago

October 9, 2025

OCHEFA

16 Views

Supporters of Peter Obi, the 2023 Labour Party presidential candidate, have congratulated Professor Joash Amupitan on his appointment as the new Chairman of the Independent National Electoral Commission (INEC).

The group, under the aegis of the Obidient Movement, expressed optimism that Amupitan’s leadership would usher in a new era of credibility and transparency in Nigeria’s electoral process.

“As we reflect on the experiences of past INEC chairmen, we are hopeful that your tenure will mark a significant milestone in the electoral history of Nigeria,” the statement read.

“We look forward to reforms that will enhance the credibility, freedom, and fairness of our elections, particularly as we approach the 2027 General Elections.

(The Nation)

News

Jubilations in Kogi Over Tinubu’s Appointment of Amupitan as INEC Chairman

On behalf of the Government and the good people of Kogi State, we assure Mr. President and the entire nation that Prof. Amupitan will uphold the confidence reposed in him and continue to bring honour to the state and to Nigeria through his dedication to credible and transparent elections.

Published

22 hours ago

October 9, 2025

OCHEFA

31 Views

•Prof Joash Ojo Amupitan

The Government and people of Kogi State express profound appreciation to the President and Commander-in-Chief of the Armed Forces, Bola Ahmed Tinubu, for the appointment of Prof Joash Ojo Amupitan, a distinguished son of Kogi State, as the new Chairman of the Independent National Electoral Commission (INEC).
In a statement on behalf of the state government, Kingsley Femi Fanwo Commissioner for Information and Communications, said :
” This appointment is a strong validation of President Tinubu’s commitment to excellence, merit, and national inclusiveness in the leadership of our democratic institutions.”
The statement reads:” Prof. Amupitan’s illustrious career as a renowned legal scholar, Senior Advocate of Nigeria, and respected administrator stands as a testament to his capacity for impartiality, integrity, and intellectual depth, qualities that are vital to the advancement of our electoral system.
On behalf of the Government and the good people of Kogi State, we assure Mr. President and the entire nation that Prof. Amupitan will uphold the confidence reposed in him and continue to bring honour to the state and to Nigeria through his dedication to credible and transparent elections.
We heartily congratulate Prof. Joash Ojo Amupitan, on this well-deserved national assignment and pray for divine wisdom, strength, and success as he assumes this critical responsibility.”

News

Former diplomat Christopher Kolade dies at 92

Born on December 28, 1932, in Erin-Oke, Osun State, Dr Kolade led a life marked by integrity, leadership, and service across multiple spheres — from broadcasting and diplomacy to corporate governance and academia.

Published

24 hours ago

October 9, 2025

OCHEFA

33 Views

•Dr Christopher Kolade

Dr Christopher Kolade, a renowned former diplomat and one of Nigeria’s most respected elder statesmen, is dead, aged 92.

“We are thankful for his incredible life of faith and service; and are grateful for God’s abundant blessings,” his family announced his death in a statement on Wednesday, October 8, 2025.

A son of an Anglican missionary, Kolade attended Government College, Ibadan, before proceeding to Fourah Bay College in Freetown, Sierra Leone.

His academic excellence earned him honorary doctorate degrees from institutions such as the University of Sierra Leone (1976) and McPherson University (2016).

Dr Kolade began his professional journey in broadcasting, where he rose to become Director-General of the Nigerian Broadcasting Corporation (NBC).

His career later expanded into the corporate world, where he served as Chief Executive and Chairman of Cadbury Nigeria Plc.

His leadership and reputation for ethical conduct earned him an appointment as Nigeria’s High Commissioner to the United Kingdom, a role he performed with distinction.

After his diplomatic service, Dr Kolade continued shaping minds and institutions as a lecturer in Corporate Governance and Human Resource Management at the Lagos Business School (LBS), and in Leadership and Conflict Management at the School of Media and Communication (SMC), both under Pan-Atlantic University, Lagos.

He also served as Pro-Chancellor and Chairman of the Governing Council of the university.

Beyond academia, Dr Kolade held key leadership roles in several professional bodies, including the Nigerian Institute of Management, the Institute of Personnel Management of Nigeria, the International Institute for Communications, and the World Association for Christian Communication.

Recognised for his outstanding service to humanity, he received numerous honours, including the Order of St. Augustine medal from the Archbishop of Canterbury. In 2012, he was appointed by then-President Goodluck Jonathan as Chairman of the Subsidy Reinvestment and Empowerment Programme (SURE-P) Board.