States vs EFCC: Lawyers Back Governors, insist EFCC Law Unconstitutional

A historic lawsuit filed by 19 state governors challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) has gained the support of many lawyers. The Judiciary Watchdogs, a group of lawyers from the 36 states of the federation, commended the governors for their courageous stand. According to the lawyers, who have been vocal […]

A historic lawsuit filed by 19 state governors challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) has gained the support of many lawyers.

The Judiciary Watchdogs, a group of lawyers from the 36 states of the federation, commended the governors for their courageous stand.

According to the lawyers, who have been vocal against corruption in Nigeria, the EFCC’s enabling act was enacted without input from state assemblies, violating the principles of federalism and state autonomy.

In a statement signed by Co-National Convener, Barr Real S. Dennis, the lawyers said the governors were on track for demanding constitutional compliance, state sovereignty, and accountability from the EFCC and other anti-graft agencies.

For the lawyers, getting the foundation right would help the war against corruption as the agencies now, particularly the EFCC, have only allegedly been fighting proxy wars for successive Presidents.

Dennis argued that the National Assembly must ratify the UN Convention against Corruption in accordance with Section 12 of the 1999 Constitution.

He further said the lawsuit would have far-reaching implications for Nigeria’s federal system, anti-corruption efforts, and democratic governance, while advising the Federal Government to look critically at the reason the EFCC appeared to be consistently embroiled in controversy.

”We, the Judiciary Watchdogs, a group of lawyers from the 36 states of the federation wholeheartedly applaud the bold and visionary leadership of the 16 state governors who have taken a historic step to challenge the constitutionality of the Economic and Financial Crimes Commission (EFCC) and others at the Supreme Court,” the statement said.

“A group of people who claim to be lawyers under the aegis of the Anti-Corruption Lawyers Network condemned this move, suggesting it was a desperate attempt to undermine the fight against corruption. However, we believe that the state’s action is a legitimate pursuit of constitutional clarity and accountability. As it is in Nigeria today, there is no genuine fight against corruption.

“This is a significant legal challenge for Nigeria’s federal structure. The Constitution empowers states as key stakeholders in lawmaking, especially regarding governance. However, the Federal Government’s unilateral creation of agencies like the EFCC undermines federalism and state autonomy.

“The states involved aren’t seeking to dismantle these agencies but advocate for a balanced system respecting all levels of government. International conventions complicate national sovereignty, and Nigeria must uphold treaties while honouring constitutional obligations.

“Moreover, the effectiveness of the anti-graft agencies, particularly the EFCC, in addressing corruption has been called to question. Numerous allegations of mismanagement, selective enforcement, and abuse of power have plagued these institutions.

“The EFCC, in particular, has faced criticism for operating beyond its mandate, often pursuing politically motivated cases that raise concerns about its impartiality. This lack of accountability is compounded by the absence of a robust framework to ensure transparency in its operations.

“A disbandment of these agencies could pave the way for a more accountable and effective mechanism for combating corruption—one that operates within the bounds of the law and commands public trust.

“These agencies have been known to target political adversaries while corruption cases involving those perceived to be allies of the governments of the day are willfully unaddressed or were handled less vigorously.

“The United Nations Convention against Corruption, ratified by Nigeria on December 14, 2004, must be implemented in accordance with Section 12 of the 1999 Constitution (as amended).

“This section unequivocally states that no treaty can have the force of law in Nigeria until ratified by a majority of all the Houses of Assembly in the Federation.

“The governors are building on the landmark case of Dr. Joseph Nwobike Vs Federal Republic of Nigeria, where the Supreme Court held that the EFCC Establishment Act was enacted without following Section 12 provisions.”

Among other things, the lawyers are demanding constitutional compliance, adding that the National Assembly must ratify the UN Convention against Corruption in accordance with Section 12.

They are also seeking sovereignty for states to have the right to establish anti-graft agencies, independent of federal control.