In a move that underscores the tensions within Nigeria’s federal system, 16 state governments have approached the Supreme Court, seeking a declaration that the Economic and Financial Crimes Commission (EFCC) is unconstitutional. The states argue that the EFCC’s establishment violates the principle of federalism, which allocates certain powers and responsibilities to states, and they contend that the agency lacks constitutional authority to operate in their jurisdictions without state consent.

The suit, originally filed by the Kogi State Government (SC/CV/178/2023), now includes states such as Ondo, Edo, Oyo, Ogun, and Enugu, among others. At the heart of the case is the claim that the EFCC’s enabling legislation—the EFCC Establishment Act of 2004—was based on a United Nations Convention against corruption, but the proper constitutional process for incorporating international conventions into domestic law was not followed. According to the plaintiffs, Section 12 of the 1999 Constitution mandates that for such a law to be valid, it must receive the approval of a majority of Nigeria’s state Houses of Assembly, a step they assert was bypassed.

The 16 states argue that this lack of adherence to constitutional procedure renders the EFCC’s activities illegal in states that did not sanction its establishment. They further contend that, as a federal agency, the EFCC cannot encroach on matters related to the administration and management of state funds, which should fall within the exclusive jurisdiction of the states.

This case highlights a broader debate about the balance of power between Nigeria’s federal and state governments. The states maintain that the federal government, through agencies like the EFCC and the Nigerian Financial Intelligence Unit (NFIU), should not have unilateral authority over state matters, especially those related to financial administration. The governors seek reliefs that would prevent the EFCC and NFIU from investigating or interfering in the financial activities of states without their approval.

A seven-member panel of Supreme Court justices, led by Uwani Abba-Aji, has scheduled a hearing for 22 October 2024. The outcome of this case could have significant implications for federalism in Nigeria, potentially reshaping the relationship between the federal government and state authorities in key areas such as law enforcement and financial oversight.