By 9jaeye 
Nigeria’s Supreme Court will soon hear a pivotal case questioning the legality of the Economic and Financial Crimes Commission (EFCC) Establishment Act. Kogi State, along with 15 other states, challenges the EFCC’s control over state finances. As a result, this case could potentially reshape how federal agencies interact with state governments in matters of financial oversight and anti-corruption measures.
Constitutional Violation at the Core of the Dispute
The lawsuit argues that the EFCC Act, passed in 2004, violates Section 12 of the Nigerian Constitution. This section requires the majority of state Houses of Assembly to approve international conventions, such as the United Nations Convention against Corruption, before they become part of Nigerian law. Furthermore, the plaintiffs claim that authorities bypassed this crucial step, making the EFCC Act unconstitutional.
State Sovereignty at Stake
Kogi and the other states assert that the EFCC and similar federal agencies, including the Nigerian Financial Intelligence Unit (NFIU), overreach their authority by interfering in state finances. Therefore, they argue that any federal action concerning state funds should receive explicit approval from the states, as outlined in the constitution.
Drawing from Past Supreme Court Precedent
In addition, the states are leaning on the Supreme Court’s previous ruling in Dr. Joseph Nwobike v. Federal Republic of Nigeria, which raised similar concerns about the legality of adopting international conventions without following proper constitutional procedures.
A Case with Far-Reaching Implications
This case, scheduled for hearing on October 22, 2024, could dramatically change how federal and state powers operate in Nigeria. If the plaintiffs succeed, the EFCC’s authority within states that did not approve the Act could face severe limitations, thereby reshaping Nigeria’s anti-corruption framework.
A Battle over Federal and State Power
Ultimately, this legal battle underscores the ongoing debate about the balance of power between Nigeria’s federal government and its states, particularly in areas related to financial governance and anti-corruption oversight.
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