The Judiciary Watchdogs, a coalition of lawyers from the 36 states of Nigeria, has stated that the lawsuit filed by 19 state governors challenging the constitutionality of the Economic and Financial Crimes Commission, EFCC, will define Nigeria’s federalism.
The lawyers, who have been vocal against corruption in Nigeria, argue that 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 group expressed support for the governors’ demand for constitutional compliance, state sovereignty, and accountability from the EFCC and other anti-graft agencies.
The lawyers believe that establishing a solid foundation is essential in the fight against corruption.
Dennis contended that the National Assembly must ratify the UN Convention against Corruption in accordance with Section 12 of the 1999 Constitution.
He added that the lawsuit could have far-reaching implications for Nigeria’s federal system, anti-corruption efforts, and democratic governance. He advised the Federal Government to critically assess why EFCC seems 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 EFCC and others at the Supreme Court.
“We believe that the states’ actions represent a legitimate pursuit of constitutional clarity and accountability. As it stands 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, particularly 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 rather advocate for a balanced system that respects 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 into question. Numerous allegations of 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,” the lawyers stated.
They asserted that disbanding 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.
By seeking constitutional clarity and accountability, the lawyers said the governors demonstrated their 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 the provisions of Section 12.
“They are also advocating for state sovereignty, allowing states 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 that the rule of law prevails. We stand with them and urge the Supreme Court to uphold the Constitution.”