The apostle Paul, warning the Philippian church against false preachers, says their “glory is in their shame.” They take advantage of innocent believers to satisfy their “lusts of the flesh.” Therefore, he declares their god to be “their stomachs.” Things of God do not concern them, and Paul says “their end is destruction”. [Phil. 3:18, 19]
I recalled this scripture because of the Supreme Court’s decision, a fortnight ago, dismissing a suit brought by the law officers of some states. The suit challenged the legality of the Economic and Financial Crimes Commission [EFCC] that investigates corruption in political high places. Most of the culprits have been former state governors, among them Yahaya Bello, the immediate ex governor of Kogi State. Incidentally, the attorney general of that state was the lead challenger of the EFCC’s legitimacy. Its counsel, Mohammed Abdulwahab, argued that the United Nations Convention Against Corruption had been incorporated into the EFCC Act, a move, he said, was inconsistent with Section 12 of the 1999 Constitution (as amended). The section states, in part, “No treaty between the Federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly. A bill for an Act of the National Assembly passed pursuant to the provisions of subsection (2) of this section shall not be presented to the President for assent and shall not be enacted unless it is ratified by a majority of all the Houses of Assembly in the Federation.”
Abdulwahab contended it required a majority of the states’ houses of assembly to agree with federal legislators in order to pass the EFCC Act. According to him, that requirement was not met. He, therefore, urged the court to rule that the creation of the anti-graft agency was against the law. “I seek your Lordship’s indulgence to adopt the processes. We urge your Lordship to grant all the reliefs sought. We are also challenging the foundation of those laws that created NFIU, EFCC, etc., to avoid creating a constitutional crisis. We urge you to allow our suit and award heavy costs in favor of the plaintiff on record,” he said.
However, the Supreme Court didn’t oblige him. In dismissing the case, the court said “it lacks merit.” Justice Uwani Abba-Aji, led a seven member panel of the court that decided the matter. She said the National Assembly had powers to enact laws relating to fighting corruption and the states could not enact laws that would contradict federal laws. It also noted that the EFCC Act “is constitutional and within the National Assembly’s legislative competence. The apex court ruled that the first plaintiff (Kogi’s attorney general) and others had exposed “a can of worms and skeletons in their cupboard” by revealing that the EFCC had investigated only state government officials, and not rather than those from of the federal government. That, the court stated, exposed the “selfish motives” behind the lawsuit. “The plaintiff’s suit fails and is hereby dismissed in its entirety,” Abba-Aji declared.
I see two issues here: the big matter of the EFCC’s legality and the small one of alleged lopsided investigations. The first was decisively dealt with by the Supreme Court and the second it decided not to touch because the plaintiff didn’t push it hard enough or because it was not worth its salt. The attorneys-general of the states that went to court shamelessly abused due process. As chief law officers of their states they knew that the National Assembly had powers to make laws for the federation and the legislation it made superceded laws enacted by state assemblies. No question. But why did they go to court? Two reasons. One, eye-service. Their governors must have pushed them. Their “stomachs” didn’t let them look their bosses in the eye and tell them no. Fear of losing their job made them supine rather than courageous. And for preferring eye-service to boldness, they foolishly exposed their soiled under pants. The court rubbed it in when it referenced “a can of worms and skeletons in their cupboards.” Governors, they admit, have looted state treasuries and are seeking to stop being investigated and punished under the law. True is what President Muhammadu Buhari once said, “When you fight corruption, it will fight back,” because it is deeply entrenched. As to the plaintiff’s allegation that the EFCC was focused on state government officials alone, nothing could have been farther from the truth. He lied under oath and right through his brains. Right now, the commission is probing two former ministers of humanitarian affairs. Yes, state governors appear more on the EFCC’s list of fraud suspects because their thieving is more blatant and crass, egged on by attorneys general who ought to know and do better. And in doing the wrong thing, they exposed the “glory in their shame.”
