5,000 Lawyers back Governors’ lawsuit against EFCC, claim law violates constitution

A landmark case filed by 19 state governors challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) has garnered the support of over 5,000 lawyers, who argue that the EFCC Act undermines the principles of federalism.

The Judiciary Watchdogs, a coalition of legal professionals across Nigeria’s 36 states, have praised the governors for defending state sovereignty and taking a stance for constitutional compliance. In a statement signed by Co-National Convener Barrister Real S. Dennis, the lawyers argued that the EFCC’s founding legislation was passed without input from state assemblies, in violation of federalist principles outlined in the 1999 Constitution.

The statement emphasized that “a solid foundation is essential for the war against corruption,” alleging that, to date, the EFCC’s operations have often appeared to serve the interests of successive presidential administrations. Dennis pointed out that anti-corruption efforts must align with both national and international law, as ratified by the National Assembly in accordance with Section 12 of the Constitution.

The coalition further argued that the case, already pending before the Supreme Court, has far-reaching implications for Nigeria’s governance and federal structure. They also raised concerns about the EFCC’s selective enforcement, citing cases such as the 2015 charges against former Akwa Ibom Governor Godswill Akpabio, which have remained stagnant despite initial prosecution efforts.

The statement by the Judiciary Watchdogs responded to criticisms from groups, including the Anti-Corruption Lawyers Network, who have condemned the lawsuit as a move to undermine anti-graft initiatives. However, the Judiciary Watchdogs maintain that this legal challenge is rooted in a legitimate pursuit of constitutional accountability. “As things stand, Nigeria’s anti-corruption efforts lack genuine impartiality,” they stated.

The lawyers also called for a balanced approach, allowing states to establish independent anti-corruption agencies without federal intervention, as well as for the National Assembly to ratify international treaties according to the Constitution. They warned that agencies like the EFCC have been accused of acting under undue influence from the federal government, pursuing cases against political adversaries while showing leniency toward allies.

Highlighting the importance of upholding Nigeria’s federal system, the group referenced the Supreme Court’s ruling in Dr. Joseph Nwobike v. Federal Republic of Nigeria, where the EFCC Act’s failure to comply with Section 12 of the Constitution was brought to light. They emphasized that states should have the authority to address corruption independently within their territories.

“We commend the 19 governors for their commitment to the Constitution and the federal system. By seeking legal clarity, they strengthen Nigeria’s democracy and reaffirm the rule of law. We urge the Supreme Court to uphold the constitutional provisions and support state sovereignty,” the statement concluded.