The Supreme Court, on Friday, dismissed the suit instituted by 19 states against the Attorney-General of the Federation, challenging the constitutionality of the Acts establishing the Economic and Financial Crimes Commission, EFCC, and two other anti-corruption agencies.
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 the 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 judgment on Friday, Justice Uwani Abba-Aji, who led a seven-member panel of justices, held 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 member states and the National Assembly 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 added.
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 the National Assembly like the NFIU and its guideline, it is binding on all. Any Act that has been competently enacted by the National Assembly cannot be said to be inconsistent.”
