Former Chairman of the House of Representatives Committee on Financial Crimes, Hon. Kayode Oladele, has commended the recent Supreme Court ruling affirming the legality and prosecutorial powers of the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and Other Related Offenses Commission (ICPC), and the Nigerian Financial Intelligence Unit (NFIU).
The case, brought by 19 states led by Kogi State, challenged the establishment of the anti-graft agencies, claiming that the EFCC Establishment Act of 2004 violated Section 12 of the Nigerian Constitution by not adhering to legislative procedures.
In a landmark judgment delivered on November 15, 2024, the Supreme Court, led by Justice Uwani Abba-Aji, ruled that the agencies were validly established by the National Assembly within its legislative competence. The court dismissed the suit for lack of merit, describing the motives of the states as “selfish.”
Oladele, in a statement, praised the decision as a reinforcement of Nigeria’s cooperative federalism, where agencies like the EFCC, ICPC, and NFIU serve both federal and state governments. He noted that the judgment underscores the authority of these agencies to investigate and prosecute crimes across all levels of governance.
“This ruling affirms that under sections 174(1)(b) and 211(1)(b) of the 1999 Constitution, the EFCC is empowered to institute criminal proceedings,” Oladele said. He added that the judgment strengthens Nigeria’s anti-corruption framework and thwarts attempts by powerful forces to undermine the federal government’s efforts in combating corruption.
The verdict also reignites a long-standing debate. Senior advocates like Femi Falana and Oladele have previously opposed arguments by former Nigerian Bar Association President, Olisa Agbakoba, who claimed the EFCC’s establishment exceeded the National Assembly’s legislative authority. The Supreme Court’s decision has now settled the matter, reaffirming the constitutionality of the EFCC and similar agencies.
Oladele expressed confidence that the ruling would enhance the operational capacities of Nigeria’s anti-graft institutions, further solidifying the fight against corruption at both state and federal levels.
