Nigeria: CSOs Berate 16 Govs Seeking to Declare EFCC, Nfiu Illegal Bodies

17 October 2024

A coalition of 40 civil society organisations, CSOs, yesterday berated 16 governors seeking to declare the Economic and Financial Crimes Commission, EFCC, and Nigerian Financial Intelligence Unit, NFIU, illegal at the Supreme Court.

The groups, which stated their position at a briefing in Abuja, yesterday, described the action of the governors as a dangerous signal that accountability and transparency could be subverted for political expediency.

The coalition called on the Supreme Court to reaffirm the legitimacy of the EFCC and uphold the autonomy of local governments as enshrined in the constitution, and asked Nigerians to stand in solidarity against the actions of the 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 Marginalized 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, 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 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 worsen an already worst situation if it succeeds.

"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 , FATF, 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 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.

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