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JUST IN: Supreme Court dismisses states’ suit challenging constitutionality of EFCC, others
….. 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.”
The Peoples Democratic Party (PDP) has strongly condemned President Bola Tinubu’s recently submitted list of ambassadorial nominees, describing it as “scandalous” and a direct reflection of the administration’s values.
In a press release signed by National Publicity Secretary Comrade Ini Ememobong, the PDP criticized the inclusion of “disgraced propagandists, characterless politicians, and public officials” with “integrity deficits” and histories of “anti-democratic activities.”
The party called the nominations a “sad commentary” on Nigeria’s diplomatic representation, arguing they undermine the country’s global standing.
The PDP expressed particular outrage over the nomination of Prof. Mahmood Yakubu, the immediate-past Chairman of the Independent National Electoral Commission (INEC).
The party accused Yakubu’s tenure of being marred by “double-speaks, flip-flops, and undelivered promises,” which they claim facilitated the current administration’s rise. Offering him an ambassadorial post now, the PDP alleged, is a “skewed reward system” intended to incentivize the new INEC Chairman to deliver “flawed elections” in 2027.
“A nominee is a clear and direct reflection of the values and estimation of the nominator,” the statement read, asserting that the list—submitted nearly three years into Tinubu’s term—reveals a “paucity of excellent people” within the President’s circle.
The opposition party warned that appointing ambassadors with “tainted political profiles” would lead to a “diplomatic all-time low,” as a nation’s international respect hinges on the integrity of its representatives.
The PDP demanded that President Tinubu immediately withdraw the list and renominate candidates with “stellar democratic credentials and high moral standing” capable of commanding global respect.
The controversy erupts as the National Assembly prepares to screen the 32 additional nominees announced earlier this week, intensifying political tensions ahead of the 2027 elections. The Presidency has yet to respond to the PDP’s allegations.
Former Nigerian President Goodluck Jonathan met with President Bola Tinubu on Thursday to discuss the ongoing political standoff in Guinea-Bissau, shortly after his return to Abuja.
The briefing comes amid heightened tensions in the West African nation, where political instability has persisted following recent disputes over government formation and parliamentary sessions.
Jonathan, who has been actively involved in regional mediation efforts, provided Tinubu with a detailed update on the situation.
Speaking at the State House, moments ago , Jonathan who had been in Guinea Bissau as part of a joint observer mission for the African Union, ECOWAS and the West African Elders Forum reiterates that what happened there was neither a traditional military coup nor a palace coup.
He describes it instead as “a ceremonial coup”, carried out as a kind of ceremony led by the head of state himself.
He is urging ECOWAS leaders to engage directly with the military authorities in the country , secure the release of the detained opposition candidate, whom he says committed no offence and ensure the official results are announced.
President Bola Ahmed Tinubu has sent the names of 32 ambassadorial nominees to the Senate for confirmation, days after he sent the first batch of three names.
In two separate letters to the Senate President, Godswill Akpabio, President Tinubu asked the Senate to consider and confirm expeditiously 15 nominees as career ambassadors and 17 nominees as non-career ambassadors.
There are four women on the career ambassadors’ list and six women on the non-career ambassadors’ list.
Among the non-career ambassador designates are Barrister Ogbonnaya Kalu from Abia, a former presidential aide, Reno Omokri (Delta), former chairman of the Independent National Electoral Commission (INEC), Mahmud Yakubu, former Ekiti first lady, Erelu Angela Adebayo, and former Enugu governor, Ifeanyi Ugwuanyi.
Others are Tasiu Musa Maigari, the former speaker of the Katsina House of Assembly, Yakubu N. Gambo, a former Commissioner in Plateau State and former deputy executive secretary of the Universal Basic Education Commission (UBEC).
Professor Nora Ladi Daduut, a former senator from Plateau; Otunba Femi Pedro, a former deputy governor of Lagos State; Chief Femi Fani-Kayode, a former aviation minister from Osun State; and Barrister Nkechi Linda Ufochukwu from Anambra State are on the nomination list.
Also on the list are former First Lady of Oyo, Fatima Florence Ajimobi, former Lagos Commissioner, Lola Akande, former Adamawa Senator, Grace Bent, former governor of Abia, Victor Okezie Ikpeazu, Senator Jimoh Ibrahim, businessman, lawyer and Senator from Ondo State, and the former ambassador of Nigeria to the Holy See, Ambassador Paul Oga Adikwu from Benue State.
Among the nominees for career ambassador and high commissioner-designates are: Enebechi Monica Okwuchukwu (Abia), Yakubu Nyaku Danladi (Taraba), Miamuna Ibrahim Besto (Adamawa), Musa Musa Abubakar (Kebbi), Syndoph Paebi Endoni (Bayelsa), Chima Geoffrey Lioma David (Ebonyi) and Mopelola Adeola-Ibrahim (Ogun).
The other nominees are Abimbola Samuel Reuben (Ondo), Yvonne Ehinosen Odumah (Edo), Hamza Mohammed Salau (Niger), Ambassador Shehu Barde (Katsina), Ambassador Ahmed Mohammed Monguno (Borno), Ambassador Muhammad Saidu Dahiru (Kaduna), Ambassador Olatunji Ahmed Sulu Gambari (Kawara) and Ambassador Wahab Adekola Akande (Osun).
The new nominees are expected to be posted to countries with which Nigeria maintains excellent and strategic bilateral relations, such as China, India, South Korea, Canada, Mexico, the United Arab Emirates, Qatar, South Africa, Kenya, and to Permanent Missions such as the United Nations, UNESCO, and the African Union. All the nominees will know their diplomatic assignments after their confirmation by the Senate.
Last week, President Tinubu sent three ambassadorial nominees for screening and confirmation. The nominees were Ambassador Ayodele Oke (Oyo), Ambassador Amin Mohammed Dalhatu (Jigawa), and Retired Colonel Lateef Kayode Are (Ogun). All three are in the pot for posting to the UK, USA, or France after their confirmation.
President Bola Ahmed Tinubu said more nominees for ambassadorial positions will be announced soon.
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