Civil Society Organisations, CSOs, have condemned 16 State governors seeking to declare the Economic and Financial Crimes Commission, EFCC, and the Nigerian Financial Intelligence Unit, NFIU, illegal at the Supreme Court. The CSOs numbering 40 stated this during a press conference organised by ‘Coalition of Civil Society Organisations working on Anti-Corruption and Good Governance in Nigeria’, where the governors whose names were not mentioned came under serious condemnation by the CSOs who described their action as dangerous signal that accountability and transparency can be subverted for political expediency.
Coalition called on the Supreme Court to reaffirm the legitimacy of the EFCC and to uphold the autonomy of local governments as enshrined in the Constitution, and also Nigerians to stand in solidarity against the actions of these governors. Some of the CSOs include African Network for Environmental and Economic Justice, ANEEJ, Civil Society Legislative Advocacy Centre, CISLAC, Yiaga Africa, Amnesty International Nigeria, Borno Coalition for Democracy and Progress, BOCODEP, BudgIT Foundation, Connected Development, CODE, Corporate Accountability and Public Participation Africa, CAPPA, Emma Ezeazu Centre for Good Governance and Accountability, Global Rights, Good Governance Team, GGT, Nigeria, Health of Mother Earth Foundation, HOMEF, Human and Environmental Development Agenda, HEDA Resource Centre, Media Rights Agenda, Mothers and Marginalised Advocacy Centre, MAMA Centre, Nigeria Network of NGOs, and others.
They said “the suits reportedly filed by 16 Nigerian Governors at the Supreme Court, seeking amongst others to declare the EFCC and NFIU as illegal bodies, and unconstitutional their legally assigned acts at the subnational levels, not only undermines the efforts in the fight against corruption but also sends a dangerous signal that accountability and transparency can be subverted for political expediency. These governors, under the guise of legal technicalities, have challenged the legality of the EFCC—a body that has operated effectively for over 20 years in line with Nigerian law. The consolidated suit, which has now been scheduled for hearing on October 22, 2024, pleas for a declaration that the Federal Government of Nigeria through the EFCC, NFIU or any other agency lacks the power to issue any directive, guideline, advisory or any instrument howsoever called for the administration and management of funds belonging to a state; a declaration that EFCC, NFIU, or any agency of the Federal Government of Nigeria cannot investigate, requisition documents, invite and or arrests anyone with respect to offences arising from or touching on the administration and management of funds belonging to a state or any local government area.
“The Implications: The action of these 16 State governors, and the tacit support by their other colleagues, to declare the EFCC, NFIU (and other ACAs, including the Nigeria Police Force), as illegal is the most disingenuous and boldest effort to frustrate and cripple the effectiveness of Nigeria’s anti-corruption war; which could further worsening an already worst situation if succeeded. The implications of this nefarious action are not farfetched. Aside far reaching international reputational damage it poses for the country, the action can lead to the blacklisting and eventual suspension of Nigeria by the Financial Action Task Force (FATE), which had grey-listed Nigeria since February 24, 2023 as a non-cooperative country in the global fight against money laundering.Rationale for the establishment of the EFCC, and other Anti-Corruption Agencies Corruption remains at the core of development crisis, social inequality and bad governance in Nigeria. Corruption had reached endemic levels, leading to economic underperformance, widespread poverty, and the erosion of state institutions.
“We therefore strongly condemn these Governors attempt to disingenuously challenge the ACAs’ legal authorities to carry out their responsibilities at the subnational levels which undoubtedly are being orchestrated to obliterate, emasculate and strangulate any form of vertical and horizontal accountability at the subnational levels thereby sustaining the aura of impunity and financial recklessness associated with many state chief executives in Nigeria. The actions of these Governors raise serious concerns about their commitment to transparency, accountability and good governance, as well as their obligations to serve in the best interests of the citizens. The more reason the greatest manifestations of crisis of development attributed to corruption, impunity, and bad governance are largely felt and arguably located at the subnational state levels in the country. Meanwhile, the CSOs expressed concern over the timing and intent of the litigation by the governors.
“It appears to be an attempt to shield individuals and entities from the scrutiny of the ACAs especially by the EFCC. Hence, this boldest attempt to castrate the EFCC’s ability to hold public officials at subnational levels accountable; such actions will undoubtedly embolden corrupt practices, weaken institutions, and reverse the progress made in the fight against corruption in Nigeria.
We therefore call on the Supreme Court to dismiss this suit being frivolous and as an affront to the rule of law and the Nigerian Constitution, which empowers the National Assembly to make laws necessary for maintaining public order and combating corruption.
The Governors involved to discontinue this ill-advised legal action and instead working collaboratively with all ACAs to ensure transparency and accountability for prudent management of public resources in their respective states.c. The Federal Government to reaffirm its commitment to strengthening the CCB, EFCC, ICPC, and other anti-corruption bodies by providing them with the necessary resources, guaranteeing their independence, and protection to fulfill their mandate without fear or favour Nigerian citizens and civil society to remain vigilant and continue to hold public officials accountable for their actions, resisting any attempt to weaken institutions that safeguard democracy and the rule of law. More importantly, we all need to support the efforts of ACAs in Nigeria to continue to recover our stolen assets from all politically exposed persons (PEPs), and their cronies and business allies.”
