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BREAKING: EFCC is legal – Supreme Court *Okays ICPC, NFIU too
The Supreme Court, on Friday declared the Economic and Financial Crimes Commission (EFCC), a legal entity in the eyes of the Nigerian constitution, ending the legal challenges against the anti-corruption agency founded in 2002, under President Olusegun Obasanjo.
The status of the body was attacked recently by a group of 16 states of the federation, who filed a suit against the Attorney-General of the Federation, challenging the constitutionality of the Acts establishing it and two other sister-bodies.
Though many of the states later withdrew from the suit, the apex court, went ahead to deliver judgement on Friday, legalising not only the EFCC, but the Independent Corrupt Practices and other related offences Commission (ICPC) and the Nigerian Financial Intelligence Unit (NFIU), equally sued alongside.
Justice Uwani Abba-Aji, leading other six colleagues in the judgement, held that the states were completely wrong in holding that EFCC established by an act of the National Assembly, was an illegal and unlawful body, adding that the EFCC Act, which was not a treaty but a convention, did not need the ratification of the houses of assembly.
The verdict, which came on the heels of the apex court, first dismissing all the objections of the Federal Government to the suit filed by the states, say Abba-Aji stating that the case was against the Attorney-General of the Federation and not any of the agencies mentioned, hence, the Supreme Court had jurisdiction to determine it.
The states, which included Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River and Niger, had pleaded with the Supreme Court to order the scrapping of the anti-graft agency.
However, at the resumed hearing on October 22, Imo, Bauchi, and Osun states joined the suit as co-plaintiffs while Anambra, Ebonyi, and Adamawa states announced their decisions to withdraw their suits.
In their argument, the states had relied on the fact that the Constitution is the supreme law and that any law that was inconsistent with it is null and void, adding 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.
Stressing that the provision of Section 12 must be complied with in bringing a convention into Nigerian law, the states maintained that based on the Constitution’s provision, the majority of the state Houses of Assembly needed to agree to bring the convention in before passing the EFCC Act and others, but that was allegedly never done.
Besides, they argued that the law, as enacted, could not be applied to states that never approved of it, in accordance with the provisions of the Nigerian constitution, adding that any institution so formed should be regarded as illegal.
“It demonstrates, in the clearest possible terms, that when citizens act with unity, clarity of purpose, and resolve, they can indeed move mountains.”
These were the exact words with which the African Democratic Congress (ADC), reacted to Tuesday’s agreement of the 10th Senate to reverse the controversial provisions in the Electoral Amendment Bill, in which they earlier retained the discretionary provision of transmission of results of election electronically by the Independent National Electoral Commission (INEC).
Bolaji Abdullahi, spokesman of the coalition party, attributing the U-turn to the resilience of Nigerians, described the development as a victory for democracy and people-powered civic action.
Abdullahi, a former Minister, who called on Nigerians to stay alert and continue mounting pressure on relevant authorities until the amended bill secures presidential assent, is duly gazetted, and takes full legal effect, urged Nigerians to maintain eternal vigilance.
Following a groundswell of outrage across the country, regarding its initial decision to retain the 2022 provision and subsequent protests, which saw Peter Obi, presidential candidate of the Labour Party in 2023 and Rotimi Amaechi, former Governor Rivers State, teaming up with a group of Nigerians on Monday and Tuesday, respectively, the Senate eventually bowed to pressure mandating the Independent National Electoral Commission (INEC) to transmit elections to the INEC Result Viewing Portal (IReV), real time, but with a proviso to use manual collation only as a contingency in cases of technological failure.
Hailing the development, ADC stated that the recant by the lawmakers was beyond a simple legislative reversal, but a reflection of the resilience, alertness, and growing political awareness of Nigerians from all segments of society.
The statement, added: “The decision of the 10th Senate to urgently reverse the contentious provisions of the Electoral Amendment Bill that it passed is a significant victory for the Nigerian people.
“This outcome is not merely a legislative U-turn. It is a testament to the resilience, vigilance, and rising political consciousness of Nigerians across all walks of life. From street protests to digital campaigns, the Nigerian people have once again shown that sovereignty truly belongs to them.
“In the face of the ruling APC’s habitual disregard for due process and democratic values, the Nigerian people have reaffirmed their place as the ultimate custodians of our democracy.
“In this regard, the African Democratic Congress salutes the courage and tenacity of Nigerians. We commend every citizen who raised their voice, whether online or offline, to resist legislative mischief that threatened to undermine our electoral integrity.”
Calling on Nigerians to remain steadfast, stressing that the development represents only a step in the right direction, not the final victory, the party, added: “We must now ensure that this momentum is sustained until the amended bill is not only passed but duly assented to by the President, properly gazetted, and becomes an enforceable law of the Federal Republic.
“We must remain vigilant to ensure there are no last-minute betrayals or technical ambiguities, the kind that often lead to ‘stories that touch.’ Let this be a reminder that democracy does not thrive in silence or indifference. It demands participation, persistence, and sometimes, peaceful defiance.”
Nyesom Wike, Minister of the Federal Capital Territory (FCT), on Tuesday, confirmed that President Bola Tinubu has once again intervened to stem the political schism between the Rivers State House of Assembly and Siminalayi Fubara, the governor that would have led to the latter’s impeachment.
But the Minister, left a caveat – this is the last time the President would be making such an intervention – as he added that both sides would now have to work according to the terms agreed at the parley.
In the latest faceoff which started early in the year, 27 members of the assembly said to be loyal to Wike, had launched a fresh impeachment move against the governor – the third since he took office in 2023, accusing him of sundry infractions of the constitution including spending money without appropriation.
Fubara, who defected to the All Progressives Congress (APC), last year, was believed to have run to the President for succour, whose intervention is believed to have halted the move.
Giving details of the rapprochement, Wike told reporters in Abuja, on Tuesday that the President playing a fatherly role stepped in to resolve disputes between the two parties.
His words: “He is very kind to the people of the state. If there seems to be any problem between the legislature and the governor, as a father, he really has to intervene.
“This is the second time Mr President is intervening and I believe by the grace of God that this will be the last time Mr President will intervene.”
Wike, who has since been linked to the crises from the outset and in firm grips of the lawmakers, also pointed out his own role in the matter, saying: “I have told them to obey Mr President and I know that they would not hesitate.”
President Bola Tinubu on Tuesday finally sent the name of Usman Isa Dakingari, former Governor of Kebbi State to the Senate for confirmation as as a non-career ambassador after last month’s embarrassing mix-up in which his name suddenly appeared for posting to Turkey without legislative clearance.
Tinubu, in a correspondence conveying the appointment, which was read by Godswill Akpabio, said: “I write for confirmation by the Senate, the appointment of Usman Isa Dakingari as non-career ambassador,.
“Whilst I hope that the senate will consider and confirm the nominee expeditiously, please accept, distinguished senate president, the assurances of my highest consideration.”
After reading the letter at plenary, the Senate President, said the matter would be referred to the Senate Committee on Foreign Affairs for consideration and report back to the Committee of Whole within one week.
Electoral Act: Don’t go to sleep, maintain eternal vigilance, ADC tells Nigerians
This is the last time Tinubu will intervene in Rivers’ row – Wike
Tinubu finally sends Dakingari’s name to Senate after ambassadorial posting row
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