CSOs accuse FG of interfering in case filed against EFCC, others

Some Civil Society Organisations have kicked against what they described as an attempt by the Federal Government to disrespect the Constitution and destroy the principles of federalism, using what it described as illegally constituted anti-graft agencies. The CSOs, numbering about 200, said the attempt by the Federal Government to frustrate the hearing of the case […]

Some Civil Society Organisations have kicked against what they described as an attempt by the Federal Government to disrespect the Constitution and destroy the principles of federalism, using what it described as illegally constituted anti-graft agencies.

The CSOs, numbering about 200, said the attempt by the Federal Government to frustrate the hearing of the case instituted by 19 state governments, challenging the constitutionality of the Economic and Financial Crimes Commission and two others, was an indication that government was aware of the illegality of the anti-graft agencies and was trying to put pressure on the Supreme Court.

In a statement on Tuesday by Comrade Ifeanyi Odili, President, Campaign for Democracy; and Dr. Dapo Oluwole of the Transparency and Accountability Network (TAN), the activists faulted the Federal Government’s alleged pressure on the Supreme Court to dismiss a valid case, noting that they were fully in support of the fight against corruption but would not support the shenanigans of agencies working against the success of anti-graft efforts.

The statement reads:

“The 1999 constitution of the Federal Republic of Nigeria as amended may not be a perfect document as has been variously analyzed by many legal pundits and activists, including those of us on this table. But, for now, it remains Nigeria’s political legal tender binding on all Nigerian residents/citizens, political actors and, even, the government. Until that constitution is amended through due processes as stipulated by the same constitution, we must abide by its extant provisions to the letter.

“It is in this regard that we are intervening on the side of justice in order to save our democracy from a pending constitutional anarchy as currently being canvassed by the Federal Government through the office of the Attorney-General of the Federation. It is now public knowledge that 19 states in the country have approached the Supreme Court to determine whether the establishment of the Economic and Financial Crimes Commission, EFCC , the Independent Corrupt Practices Commission, ICPC and the Nigerian Financial Intelligence Unit, NFIU, followed constitutional due processes,  which they believe it didn’t.

“Such a quest for the clarity of  due processes should not be subjected to unnecessary frustration, manipulation or outright sabotage by the Federal Government which ordinarily should be interested in upholding the country’s constitutional integrity. The preliminary objection action instituted by the Federal Government on this matter smacks of anarchical tendencies.

“One would have expected the Federal Government to go to the Court to argue its case against the 19 states rather than apply for it to be struck out prematurely, which many Nigerians have interpreted to mean an attempt to intimidate the Judiciary into doing the bidding of the FG.

“This is so uncalled for. The Court should be allowed to determine whether these agencies were duly formed in line with the provisions of the 1999 Constitution as amended or not. If it was,  that’s the end of the case. But, if not, we would be presented with another opportunity to get it right this time around. From all indications, the establishment of these agencies were made by FG’s fiat by dwelling disproportionately on international conventions and obligations of Nigeria which are fundamentally inferior to Nigeria’s Constitution.

“OUR constitution is the supreme document to which all citizens and government institutions must subject themselves. Section 12, 1 & 2 of the 1999 Constitution of the Federal Republic of Nigeria as amended is unequivocal about this.

“If there are missing links in the establishment of these noble agencies, they are better fixed now before we run into serious constitutional crises that can frustrate our efforts to stamp out corruption from our national life. Any unconstitutional act by government or individuals, no matter how noble or beneficial,  would eventually amount to a nullity under intense legal interrogations. We can save ourselves all the troubles by allowing the Judiciary decide on this controversy without any attempt to apply federal might to scuttle the process.

“As a coalition of over 200 CSOs, we have instructed our lawyers to see the possibility of being joined in the suit with the 19 states who are already in Court. If that’s legally allowable, be rest assured that we will be fully represented in the matter because, being Civil Society,  we are the conscience of our democracy and the course of justice in our nation.”