CSOs challenge AGF over illegality of Anti-graft Agencies
Hundreds of Civil Society Organizations (CSOs) in Nigeria have voiced strong opposition to what they see as the Federal Government’s ongoing disregard for the Nigerian Constitution and its principles of federalism, particularly through the use of unlawfully established anti-graft agencies.
Approximately 200 CSOs are concerned that the Federal Government is attempting to undermine a case filed by 19 state governments questioning the constitutionality of the Economic and Financial Crimes Commission (EFCC) and other agencies. They view this as evidence that the government is aware of the illegitimacy of these agencies and is exerting pressure on the Supreme Court.
In a statement issued on Sunday, signed by Comrade Ifeanyi Odili, President of Campaign for Democracy, and Dr. Dapo Oluwole from the Transparency and Accountability Network (TAN), the activists criticized the Federal Government’s alleged efforts to coerce the Supreme Court into dismissing a legitimate case. They expressed their commitment to combating corruption but asserted that they cannot support agencies that undermine anti-corruption initiatives.
The CSOs emphasized that the objections raised by the Attorney-General of the Federation are irrelevant to the core constitutional issues at hand. They urged the Judiciary to resist any intimidation from the Executive branch, arguing that the perception of the EFCC as a tool for intimidation by successive administrations must cease in the interest of true federalism. They believe this perception has contributed to the persistence of corruption in Nigeria.
The statement read: “As a coalition of Civil Society Organizations across Nigeria, we feel compelled to intervene in the ongoing discussions and litigations regarding the constitutional validity of the EFCC, NFIU, ICPC, and similar agencies.
“In matters concerning the Constitution, it is imperative that all relevant issues are thoroughly examined and resolved by the Judiciary, free from the Federal Government’s overreach. In our federal system, the Federal Government is not superior to the states and must not impose its will, especially regarding matters of concurrent jurisdiction.
“We are not opposed to the existence of anti-graft agencies; rather, we recognize their necessity in combating the rampant corruption plaguing Nigeria’s public and private sectors. Corruption is crippling our nation and must be addressed effectively.
“However, one cannot engage in a legal battle with an entity established unlawfully. Doing so undermines the very principles of justice. If it is determined that our anti-graft agencies were constituted outside the legal framework outlined in the 1999 Constitution, it is crucial to rectify this situation before proceeding. Otherwise, the actions of these agencies may ultimately be deemed invalid.
“It is perplexing that the Federal Government is contesting an issue that could potentially strengthen its position in operationalizing anti-graft agencies without obstruction. We see a deliberate effort by the Federal Government to impose a resolution on the Judiciary, which is unacceptable and will be met with all legal means available, including public mobilization by CSOs. What is the Federal Government afraid of? Why resist answers to constitutional inquiries?
“The government should engage its best legal minds to address this issue in court rather than trying to suppress it. The preliminary objections raised by the government are unnecessary and unwarranted. A capable student should not fear reexamination. Constitutional matters have been consistently resolved by the Judiciary, and this case should not be any different.
“Citizens, states, or organizations have the right to question the legality or constitutionality of government actions or agencies and deserve a hearing. Attempting to stifle this right through legal maneuvers, as the Federal Government is currently doing, is unacceptable.
“As civil society organizations, we advocate for a resolution of all constitutional questions regarding the establishment and functioning of government agencies, including anti-graft commissions. This process should proceed unimpeded.”