5,000 Lawyers Back 19 Govs, Insist On Illegality Of EFCC Act

A historic lawsuit filed by 19 state governors challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) has gained the support of no less than 5,000 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.

“Also, the influence of Aso Rock over the operations and decisions of these agencies, undoubtedly has compromised their effectiveness.

In justifying the lawsuit, the group said that for instance, In October 2015, Godswill Akpabio was charged by the EFCC over allegations of looting the treasuries of Akwa Ibom State as Governor to the tune of N108billion. Nine years after that case is stultified, killed by the same EFCC that began the prosecution.”

By seeking constitutional clarity and accountability, the lawyers said these governors had demonstrated commitment to upholding the rule of law, protecting Nigeria’s federal system, and ensuring that the EFCC operates within legally established parameters.

They stated, “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.

“The outcome of this lawsuit will have profound implications for Nigeria’s federal system, anti-corruption efforts, and democratic governance. If successful, it may resolve contentious issues.

“We commend the 19 state governors for their courage and vision. Their pursuit of constitutional clarity and sovereignty will strengthen Nigeria’s democracy and ensure the rule of law reigns supreme. We stand with them and urge the Supreme Court to uphold the Constitution.

“We want to warn those impostors to steer clear of matters that they have no clue about. We are also calling on security agencies to take notice of this group,” they said in the lawsuit filed against the EFCC Act.

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