Lawsuit By 16 State Governors Against EFCC’s Legality – New Level of Corruption Fighting Back

The Resource Centre for Human Rights & Civic Education (CHRICED) is deeply concerned about the October 9, 2024, Punch Newspaper headline: “S’Court hears 16 states’ suit challenging EFCC legality.” This lawsuit, led by Kogi State and supported by 15 others, including Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger states, question the constitutionality of the Economic and Financial Crimes Commission (EFCC), signaling a troubling attempt to undermine its authority and entrench corruption in Nigeria’s governance.

These state governments do not represent their constituents’ views in this case, and their actions mark a significant setback in the fight against corruption, directly challenging Nigeria’s efforts to address this issue, where the EFCC has played a crucial role. The implications of this lawsuit are serious. By questioning the EFCC’s legitimacy, these states threaten a vital institution essential for combating financial crimes, potentially encouraging corrupt officials and undermining the rule of law and governance integrity in Nigeria.

Moreover, it is particularly alarming that the Supreme Court has chosen to entertain such a frivolous case. This decision not only poses a serious threat to the anti-corruption fight in Nigeria but also raises significant concerns about the integrity of the Nigerian judiciary. The judiciary has faced substantial criticism for a series of controversial rulings and frivolous injunctions in recent times, and this case could further erode public confidence in its ability to uphold justice and protect the interests of the Nigerian people. CHRICED firmly cautions that should the judiciary acquiesce to the unacceptable demands of these infamous governors; it would not only further diminish the respect that Nigerians hold for the judiciary but would also signify an explicit endorsement of corruption by the highest court in the land. Such a scenario would send a chilling message to citizens and institutions alike, suggesting that the fight against corruption is not only futile but actively undermined by those in positions of power.

It is particularly noteworthy that in this legal challenge against the Economic and Financial Crimes Commission (EFCC), these shameless 16 governors have set aside their religious, political, and ethnic differences, to protect corruption in Nigeria. This unprecedented alliance reveals a disturbing consensus to shield themselves from accountability, prioritizing personal interests over the welfare of the Nigerian people. These Governors must realize that history will label them as unpatriotic figures who obstructed Nigeria’s fight against corruption. Their actions will be seen as a breach of public trust and a clear example of how those in power can undermine justice for personal gain, portraying them as obstacles to the reform and ethical governance urgently needed in the country.

We are also troubled by the fact that a highly esteemed legal practitioner, Mr. Abdulwahab Mohammed, a Senior Advocate of Nigeria (SAN), has chosen to represent such a contentious and provocative case. This decision reflects the alarming decline in the integrity of both the legal profession and the judiciary in Nigeria. It raises serious questions about the ethical responsibilities of legal professionals and their role in upholding justice.

It is imperative to highlight that the acceptance of such a case by a figure of Mr. Mohammed’s stature reflects a troubling trend that could potentially erode the foundational principles of justice and ethical conduct that are essential to the legal system. We feel compelled to remind this distinguished lawyer that in a society that values principles and ethics, not every case should be accepted by legal professionals, especially when doing so may undermine the common good and lead to a distortion of justice itself.

The legal profession is not merely a means to achieve financial gain; it is a noble calling that carries with it the responsibility to uphold justice and serve the interests of humanity. There is far greater dignity and honor in advocating for causes that promote the welfare of society than in pursuing cases that may be financially rewarding but ethically questionable.

Moreover, it is crucial to recognize that those who engage in corrupt practices often possess the means to offer substantial sums of money to manipulate the course of justice. This reality poses a significant threat to the integrity of the legal system and the trust that the public place in it. By taking on cases that are fraught with ethical dilemmas, legal practitioners risk not only their own reputations but also the broader perception of the legal profession as a whole.

We urge Mr. Mohammed SAN and his peers to reflect on the implications of their choices and to consider the long-term impact that their decisions may have on the legal landscape in Nigeria. Upholding the principles of justice and integrity should always take precedence over the allure of financial gain, and it is our hope that the legal community will strive to prioritize the common good in all its endeavors.

CHRICED believes that the involvement of current governors is a strategic distraction from ongoing EFCC corruption investigations into their predecessors. A notable example is Kogi State Governor Ahmed Usman Ododo, who is shielding his predecessor, Yahaya Bello, from arrest related to serious fraud allegations totaling over N110 billion allegedly orchestrated during Bello’s tenure from 2015 to 2023. Despite the gravity of these charges, Bello avoided arrest.

Since the EFCC began investigating Bello, Governor Ododo has used his gubernatorial immunity to obstruct the agency’s efforts. This obstruction appears to be supported by federal security forces, raising concerns about state complicity in protecting corrupt officials. A recent drama staged by Governor Ododo and Bello at the EFCC premises highlights this troubling dynamic and suggests collusion to undermine anti-corruption efforts.

Therefore, CHRICED is not at all surprised at the recent lawsuit initiated by the Kogi State government, which challenges the legality of the Economic and Financial Crimes Commission (EFCC). This legal action is being represented by the attorney of Governor Yahaya Bello, and it serves as, yet another manifestation of the resistance faced by anti-corruption efforts in Nigeria. The move reflects a broader trend of pushback against institutions that are designed to uphold accountability and transparency in governance.

CHRICED urges Mr. Ododo to proceed with caution, as the power he wields is temporary and can be lost. He should learn from his predecessor, who ruled Kogi State autocratically and neglected citizens’ needs for personal gain. History judge leaders by their impact on the lives of those they serve.

Moreover, it is imperative to acknowledge that the Presidency cannot feign ignorance regarding the severe and ongoing assaults on the EFCC. These attacks have not only undermined the commission’s ability to function effectively but have also jeopardized the safety of its personnel and their families. The audacity displayed by Governor Ododo in targeting the EFCC and its mission, particularly in the absence of a proportional response from the Federal government, suggests deeper implications about the political climate and the ongoing fight against corruption in Nigeria.

We urge Chief Justice Kudirat Kekere-Ekun to recognize this case as a pivotal moment in her judicial career. Its resolution will have lasting implications for judicial integrity and the fight against corruption in Nigeria. It is crucial that she treats this case with the seriousness it deserves, considering its potential impact on the rule of law.

We also call on anti-corruption organizations, the media, and concerned citizens to closely monitor the proceedings, as this case represents a significant challenge to the judiciary amid ongoing attacks on the EFCC. Now is the time for united action against abuses of power, to reaffirm our commitment to justice, and to promote a governance system that values transparency and accountability for the benefit of the public. Together, we can work towards a future where integrity and justice prevail.

CHRICED commends the bravery and sacrifices demonstrated by the personnel of the Economic and Financial Crimes Commission in their ongoing battle against corruption in Nigeria. We encourage the commission to maintain its focus, determination, and commitment to pursuing all corruption cases within its jurisdiction, irrespective of any threats, intimidation, or distractions posed by corrupt and politically exposed individuals intent on obstructing their efforts.

We urge Nigerian civil society organizations and professional associations to take a strong stand against corrupt political figures undermining the EFCC. These individuals have a history of misappropriating public resources for personal gain, eroding the rule of law and perpetuating poverty and inequality. It is crucial for civil society to denounce these corrupt practices and advocate for the protection of the EFCC and other anti-corruption institutions, which is essential for transparency and accountability in governance.

Corrupt individuals will go to great lengths to protect their wealth, often trying to weaken institutions like the EFCC. Therefore, all stakeholders—citizens, civil society, and the media—must remain vigilant and support the EFCC. By uniting against corruption, we can foster a culture of integrity and accountability that benefits all Nigerians and paves the way for a brighter future.

Long live the federal republic of Nigeria.