The Judiciary Watchdogs, a coalition of lawyers representing all 36 states in Nigeria, has voiced support for the lawsuit filed by 19 state governors challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC).
The coalition argues that this case will be pivotal in defining Nigeria’s federalism and clarifying the limits of state versus federal powers.
In a statement by Co-National Convener Barr. Real S. Dennis, the group highlighted that the EFCC’s establishment occurred without input from state assemblies, which they claim undermines principles of federalism and state autonomy.
The Judiciary Watchdogs expressed support for the governors’ call for adherence to constitutional norms, state sovereignty, and accountability within anti-graft agencies.
Dennis emphasized that for anti-corruption efforts to be effective, they must be built on a constitutionally solid foundation. He further noted that the National Assembly needs to ratify the United Nations Convention against Corruption as mandated by Section 12 of the 1999 Constitution. Dennis cautioned that this lawsuit’s outcome could have lasting effects on Nigeria’s federal system, anti-corruption framework, and democratic governance, urging the Federal Government to evaluate the recurrent controversies surrounding the EFCC.
“We, the Judiciary Watchdogs, a group of lawyers from the 36 states of the federation, wholeheartedly applaud the bold and visionary leadership of the 16 state governors who have taken a historic step to challenge the constitutionality of the EFCC and others at the Supreme Court.”
“We believe that the states’ actions represent a legitimate pursuit of constitutional clarity and accountability. As it stands in Nigeria today, there is no genuine fight against corruption.”
“This is a significant legal challenge for Nigeria’s federal structure. The Constitution empowers states as key stakeholders in lawmaking, particularly regarding governance.”
“However, the Federal Government’s unilateral creation of agencies like the EFCC undermines federalism and state autonomy.”
“The states involved aren’t seeking to dismantle these agencies but rather advocate for a balanced system that respects all levels of government. International conventions complicate national sovereignty, and Nigeria must uphold treaties while honouring constitutional obligations.”
“Moreover, the effectiveness of the anti-graft agencies, particularly the EFCC, in addressing corruption has been called into question. Numerous allegations of selective enforcement and abuse of power have plagued these institutions.”
“The EFCC, in particular, has faced criticism for operating beyond its mandate, often pursuing politically motivated cases that raise concerns about its impartiality.”
“This lack of accountability is compounded by the absence of a robust framework to ensure transparency in its operations,” the lawyers stated.
They asserted that disbanding these agencies could pave the way for a more accountable and effective mechanism for combating corruption—one that operates within the bounds of the law and commands public trust.”
By seeking constitutional clarity and accountability, the lawyers said the governors demonstrated their commitment to upholding the rule of law, protecting Nigeria’s federal system, and ensuring that the EFCC operates within legally established parameters.”
They stated: “The United Nations Convention against Corruption, ratified by Nigeria on December 14, 2004, must be implemented in accordance with Section 12 of the 1999 Constitution (as amended).”
“This section unequivocally states that no treaty can have the force of law in Nigeria until ratified by a majority of all the Houses of Assembly in the Federation.”
“The governors are building on the landmark case of Dr Joseph Nwobike vs. Federal Republic of Nigeria, where the Supreme Court held that the EFCC Establishment Act was enacted without following the provisions of Section 12.”
“They are also advocating for state sovereignty, allowing states the right to establish anti-graft agencies independent of federal control.”
“The outcome of this lawsuit will have profound implications for Nigeria’s federal system, anti-corruption efforts, and democratic governance. If successful, it may resolve contentious issues.”
“We commend the 19 state governors for their courage and vision. Their pursuit of constitutional clarity and sovereignty will strengthen Nigeria’s democracy and ensure that the rule of law prevails. We stand with them and urge the Supreme Court to uphold the Constitution.”
