Former lawmaker, Hon. Kayode Oladele, has praised the recent Supreme Court judgment that upheld the authority of the Economic and Financial Crimes Commission (EFCC) and other key anti-corruption agencies in Nigeria.
The Supreme Court’s ruling dismissed a suit filed by 19 states, including Kogi, which questioned the legitimacy and prosecutorial powers of the EFCC, the Independent Corrupt Practices and Other Related Offenses Commission (ICPC), and the Nigerian Financial Intelligence Unit (NFIU).
The suit, which was originally filed by the Kogi State Government, argued that the EFCC Act contradicted the Nigerian Constitution.
Kogi State and several other states challenged the EFCC’s power to investigate and prosecute crimes across Nigeria, claiming that the agency’s authority over state matters was unconstitutional.
However, the Supreme Court rejected these claims in a unanimous ruling, affirming the validity of the laws that established the EFCC and its counterparts.
The seven-member panel, led by Justice Uwani Abba-Aji, ruled on November 15, 2024, that the establishment of the EFCC and other anti-graft agencies was within the legislative competence of Nigeria’s National Assembly.
In their ruling, the Supreme Court struck out the case, deeming it without merit. The court also accused the states challenging the agencies of having “selfish” motives.
Oladele, who previously served as the Chairman of the House of Representatives Committee on Financial Crimes, welcomed the decision, calling it a “vindication” of the federal government’s position on cooperative federalism.
In a statement, Oladele explained that the ruling affirmed that Nigeria operates under a cooperative federalism system. He noted that, under this system, agencies like the EFCC, ICPC, and NFIU serve both federal and state governments.
“The EFCC is qualified to institute criminal proceedings under Section 174(1)(b) and Section 211(1)(b) of the 1999 Constitution,” Oladele said, referring to constitutional provisions on the powers of the Attorney General and state Attorneys General.
Oladele further emphasized that the Supreme Court’s decision would strengthen the operational capacities of Nigeria’s anti-corruption agencies.
“It has finally put to rest the desperation by some powerful forces to truncate the federal government’s efforts in fighting and taming the monster of corruption in the country,” Oladele added.
He expressed confidence that the judgment would enhance the EFCC’s and ICPC’s effectiveness in prosecuting corruption at both state and federal levels.
The suit, which was initially supported by Kogi State, also received backing from several other state governments. However, some of these states later withdrew from the case.
The Supreme Court’s judgment dismissed the concerns raised by the 16 remaining states, finding no merit in their claims that the EFCC’s power was unconstitutional.
This ruling marks a significant victory for Nigeria’s fight against corruption, reinforcing the legitimacy of the EFCC and its ability to investigate and prosecute financial crimes nationwide.
Oladele, who has been a staunch supporter of anti-corruption initiatives, emphasized that the judgment was not just a legal victory, but a moral one as well.
“By this judgment, the investigative and prosecutorial powers of EFCC and ICPC over crimes committed at both the states and federal levels have been affirmed,” Oladele said, underscoring the importance of the ruling in the broader context of national anti-corruption efforts.
The case had drawn national attention, especially after high-profile figures like Mr. Olisa Agbakoba (SAN), former President of the Nigerian Bar Association, argued against the EFCC’s legitimacy.
Agbakoba had argued that the EFCC was unconstitutionally established, stating that the powers under which it was created exceeded the National Assembly’s legislative competence.
He called for the abolition of the EFCC, citing constitutional concerns about the agency’s overreach.
However, both Oladele and human rights lawyer Mr. Femi Falana (SAN) dismissed Agbakoba’s views.
They argued that Agbakoba’s position was legally unfounded and that the EFCC’s establishment and operations were consistent with Nigeria’s legal framework.
“The view expressed by Agbakoba has no legal backing and is unsupportable in law and practice,” Oladele stated.
With the Supreme Court’s ruling, the debate surrounding the EFCC’s constitutionality is now firmly settled in favor of the agency’s authority.
Oladele’s statement reflects broader support for the decision, which is seen as crucial to maintaining the integrity of Nigeria’s anti-corruption framework.
The EFCC has faced challenges in its fight against corruption, but with this landmark ruling, its powers have been solidified, giving it a stronger mandate to tackle financial crimes at every level of government.
As Nigeria continues to battle widespread corruption, this judgment is expected to bolster the efforts of anti-graft agencies, empowering them to act more decisively and effectively.
The Supreme Court’s ruling is seen as a major boost to the administration’s anti-corruption agenda and has been widely welcomed by legal experts and anti-corruption advocates.
Oladele concluded his statement by expressing hope that the judgment would inspire further efforts in the fight against corruption and improve governance across Nigeria.