MARCEL MBAMALUWhat is confusing is that the governors who filed the suit against the EFCC represent a geographically diverse group of states across Nigeria. The states involved in the consolidated suit include Kogi and Nasarawa from the North Central; Kebbi, Katsina, and Sokoto from the North West; Jigawa from the North East; Ondo, Oyo, and Ogun from the South West; Enugu and Anambra from the South East; and Edo and Cross River from the South South. Additionally, Benue and Plateau represent the Middle Belt. This geographical diversity highlights a collective concern among these states regarding the legality of the EFCC and similar agencies.
Also, the governors who filed a suit against the EFCC belong to various political parties. The suit, originally filed by the Kogi State Government, includes co-plaintiffs from states such as Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger. Most of these states are governed by either the All Progressives Congress (APC) or the People’s Democratic Party (PDP). It was at the hearing on October 22 that Imo, Bauchi, & Osun States announced their intention to join the suit, while Anambra, Ebonyi and Adamawa withdrew their suits, with the court striking out their cases.
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Why are the governors from different geographical locations and political parties fighting for a particular cause?
Another question begging for an urgent answer is why are these governors from different geographical locations and political parties possibly fighting for a particular cause?
Opinions of Influential Nigerians
Femi Falana, a prominent human rights lawyer, firmly supports the legitimacy of the EFCC and ICPC, arguing that they were properly established to combat corruption as mandated by the Nigerian Constitution. In contrast, Dr. Agbakoba, contends that the EFCC is an unlawful organisation.
Previously, several state governments had individually gone to court to challenge the EFCC’s powers to probe their state finances, arguing that they had their own House of Assembly, Accountant-General, and Auditor-General.
It is also crucial to understand that Justice Dimgba in his judgment during the ruling in Anambra stated that the EFCC had constitutional powers to investigate any act of economic and financial crime in any part of the country, stressing that neither the authorities of a state’s House of Assembly nor Auditor-General precluded the commission from performing its mandate as contained in the Constitution.
Also, Justice S. K. Idris who gave the ruling in Sokoto noted that both anti-corruption agencies had been empowered by an Act of Parliament to perform their duties in fighting corruption across all 36 states of the federation. However, before filing their current suit, the state governors did not consider the judgments of lower courts on these issues.
Again, some state governors have also gone ahead to set up their own state anti-corruption agencies to tackle corruption within their jurisdictions. One must ask; how many individuals have these state anti-corruption agents convicted? or whether they maintain that there is no corruption or mismanagement of funds in their states. How many people have been convicted by their respective Houses of Assembly or Auditor-Generals?
In my view, while EFCC and ICPC are crucial for fighting corruption, their effectiveness is undermined by political interference and lack of autonomy. Hence there is a need for strengthening these institutions through constitutional entrenchment to enhance their credibility and operational independence which is vital for restoring public trust in Nigeria’s fight against corruption.
I believe this is exactly what Falana advocates when he says: “For me, the ICPC and EFCC… have come to stay. What we should be demanding are measures to make these institutions autonomous, not under government control.”
As Justice Uwani Abba-Aji-led Supreme Court panel prepares to deliver its judgment, regarding whether the functions of EFCC fall within or outside the exclusive list, it should be understood that rather than scrapping these agencies, their autonomy from government control is crucial.
Dr Mbamalu is a Jefferson Fellow, member of the Nigerian Guild of Editors (NGE) and a renowned Publisher.
Dr. Marcel Mbamalu is a communication scholar, journalist and entrepreneur. He holds a Ph.D in Mass Communication from the University of Nigeria, Nsukka and is the Chief Executive Officer Newstide Publications, the publishers of Prime Business Africa.
A seasoned journalist, he horned his journalism skills at The Guardian Newspaper, rising to the position of News Editor at the flagship of the Nigerian press. He has garnered multidisciplinary experience in marketing communication, public relations and media research, helping clients to deliver bespoke campaigns within Nigeria and across Africa.
He has built an expansive network in the media and has served as a media trainer for World Health Organisation (WHO) at various times in Northeast Nigeria. He has attended numerous media trainings, including the Bloomberg Financial Journalism Training and Reuters/AfDB training on Effective Coverage of Infrastructural Development of Africa.
A versatile media expert, he won the Jefferson Fellowship in 2023 as the sole Africa representative on the program. Dr Mbamalu was part of a global media team that covered the 2020 United State’s Presidential election. As Africa's sole representative in the 2023 Jefferson Fellowships, Dr Mbamalu was selected to tour the United States and Asia (Japan and Hong Kong) as part of a 12-man global team of journalists on a travel grant to report on inclusion, income gaps and migration issues between the US and Asia.
