- Validation of anti-graft bodies by the Supreme Court is commendable
When 19 states, before three withdrew their participation, chose to approach the Supreme Court to declare the major anti-corruption agencies illegal, many Nigerians would have dismissed it as a frivolous move. But, anything that is dragged before a court of law, especially the highest court of the land, and filed by attorneys-general of so many states of the federation should not be treated with such levity.
However, the verdict by their lordships has put the case to rest. All the points raised by the states were dismissed.
On the contention that the Economic and Financial Crimes Commission, (EFCC) (Establishment) Act of 2002 grew out of a United Nations Commission and thus needed to travel round the states for concurrence, the apex court dismissed the prayer because the National Assembly has the power to so act. To insist that such a law should be referred to the states’ Houses of Assembly for passage is to elevate the sub-nationals to the same level as the federal legislature.
We quite agree with the Supreme Court on this, as we have seen in recent times attempts by some states to make themselves cogs in the wheel of national progress. The constitution is clear as to what body has the right to make laws for the good governance of the country. The fight against corruption is a major one that the country has to wage if we are to regain the momentum of accelerated progress.
When President Olusegun Obasanjo established the EFCC in 2003, while the states contended that the EFCC Act was in violation of section 12 of the Constitution, the Attorney-General of the Federation, Prince Lateef Fagbemi (SAN), hinged his own argument seeking invalidation of the states’ plea on section 15(5).
The earlier all Nigerians realised that the task of building a solid country that would drive African development is for all, the better. While this would mean that the Federal Government should carry all along, the states should not be pulling in a different direction. The procedure for law making is well spelt out in the constitution. There is a committee stage at which there is a public hearing to which critical stakeholders are usually invited. States are not forbidden from submitting memoranda at the stage.
To come up more than 20 years later challenging the Act does not speak well of the states, especially their ministries of justice. It was also untidy that states started withdrawing their appearance after the matter had been called. The governor of Benue State even suspended his attorney-general and commissioner for justice for unilaterally taking such a decision without the backing of the executive council.
Leakages from the treasury is one of the reasons why poverty has become so endemic in the land and Nigeria is now touted the poverty capital of the world. States had argued that power to curb corruption should not be exclusive to the federal legislature, that states, too, could establish their own agencies to fight the menace.
On the surface, this would appear logical, but their further averments that only such state agencies should be legally allowed to probe and prosecute fleece at state level betray their motive. In any case, the matter had been laid to rest in Olafisoye v FRN where the Supreme Court held that the federal anti- graft agencies should have the unfettered power to fight all forms of corruption at the federal level and all parts of the federation.
The Nigerian Financial Intelligence Unit (NFIU) was particularly challenged by three states on its powers to limit how much could be withdrawn in cash by states from their accounts. This, too, was struck down by the apex court on account of the inherent powers of the unit.
There is a need to further strengthen the laws, not whittle them down. This verdict by the Supreme Court should be seized by the National Assembly to look into ways of amending the relevant Acts. Where executive action is needed in terms of forwarding executive bills, this should be don without delay. All arms and institutions of government at all levels should come up with subsidiary legislations to get all those who have held the country down to face the fury of the law.
Culled: The Nation Editorial