The Supreme Court of Nigeria is scheduled to hear today, 22 October 2026, a suit brought by at least 16 state governments challenging the constitutionality of the laws that established the Economic and Financial Crimes Commission (EFCC) and two other agencies.
A seven member panel of the court, led by Justice Uwani Abba Aji, granted the applications for joinder as co plaintiffs and ordered the consolidation of the actions. The original suit was filed by Kogi State under suit number SC/CV/178/2023. The states that have joined are Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River and Niger.
The plaintiffs rely on the Supreme Court decision in Dr Joseph Nwobike v Federal Republic of Nigeria. They argue that the United Nations Convention Against Corruption was reduced into the EFCC Act 2004 without compliance with Section 12 of the 1999 Constitution. That section requires the approval of a majority of the Houses of Assembly of the states before a treaty can have the force of law in Nigeria. On that basis, the plaintiffs contend that the EFCC is an illegal institution.
The hearing is expected to determine whether the establishment of the EFCC and the related agencies meets the constitutional requirements for the domestication of international conventions.
By John James
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