Lawyer to Court: Void EFCC, NSCDC Acts

A lawyer, Joshua Ijaodola, has filed suits at the Federal High Court in Abuja seeking to nullify the Acts establishing the Economic and Financial Crimes Commission and the Nigeria Security and Civil Defence Corps, citing their unconstitutionality.

 

Ijaodola, in two fresh suits dated June 23 and filed on June 24, argued that the Acts violated Section 214 of the 1999 Constitution (as amended) in 2018 and 2023, respectively.

 

In the first suit, marked FHC/ABJ/CS/1231/2025, the lawyer sued the National Assembly, the Attorney-General of the Federation, the Nigeria Police Force, and the EFCC as the first to fourth defendants.

 

In the second suit, marked FHC/ABJ/CS/1232/2025, the National Assembly, AGF, NPF, and NSCDC were named as the first to fourth defendants, respectively.

 

In an affidavit of non-multiplication of actions submitted in support of the suits, Ijaodola affirmed that the matter was not pending before any other court.

 

In the case against the EFCC, the lawyer sought an order declaring the Act establishing the agency “unconstitutional and in violation of Section 214 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) in 2023.”

 

He posed a sole legal question for determination, “Whether or not the Act establishing the 4th defendant (EFCC) is unconstitutional and in violation of Section 214 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) in 2023.”

 

The same relief was sought in the suit against the NSCDC.

 

In his affidavit supporting the EFCC suit, Ijaodola argued that the National Assembly created the EFCC as “an economic police” under the Economic and Financial Crimes Commission Act, 2004.

 

He maintained that the third defendant is the constitutionally empowered body responsible for detecting, preventing, apprehending, and prosecuting crimes under Section 214 of the 1999 Constitution (as amended) and Section 4 of the Police Act, 2022.

 

He contended that the first defendant (National Assembly), through Section 6 of the EFCC Act, delegated part of the police’s statutory duties to the fourth defendant.

 

He further alleged that Section 8(5) of the EFCC Act effectively grants police powers to the EFCC, including the authority to investigate, arrest, detain, and prosecute economic offenders, which contravenes Section 214 of the Constitution.

 

In the case against the NSCDC, Ijaodola argued that the National Assembly established the NSCDC under the NSCDC (Amendment) Act, 2007, granting it police powers that also contravened Section 214 of the Constitution.

 

He submitted that both the EFCC and the NSCDC have been usurping the constitutional powers of the police under the guise of their enabling Acts.

 

The lawyer further stated that the Nigerian government, represented by the AGF (second defendant), had been spending billions of naira on maintaining the EFCC and NSCDC, despite their unconstitutional establishment.

 

He urged the court to grant his applications in the interest of justice and the supremacy of the Constitution.

 

“The declaration is made conscientiously, believing it to be true, under the provisions of the Oaths Act,” he said.

 

The suits are yet to be assigned to a judge for hearing.

 

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