The Court of Appeal sitting in Jos, Plateau State, has nullified the Bauchi State Public Complaints and Anti-Corruption Commission Law, dealing a major blow to the state’s anti-corruption efforts.
The court ruled that the law is inconsistent with the 1999 Constitution of the Federal Republic of Nigeria (as amended).
A legal challenge was initially filed by Senior Advocate of Nigeria, Ishaq Hussain Magaji, who argued that Section 15 (2)(a)(b) of the law violated Section 4 (5) of the Constitution by usurping the investigative powers of federal anti-graft agencies like the Economic and Financial Crimes Commission (EFCC).
The Federal High Court in Bauchi, on 30 September 2024, agreed with Magaji’s arguments and declared the law null and void, citing its contradictions with Sections 6, 7, and 13 of the EFCC Act 2004.
Dissatisfied with the decision, the Bauchi State Government filed an appeal, CA/J/179/2023, but the Court of Appeal dismissed the appeal in a unanimous ruling by Justices Misitura Omodere Bolaji Yusuff, Peter Oyinkenimiemi Afeen, and Abiodun Azeem Akinyemi.
Justice Yusuff, delivering the lead judgment, said the Bauchi law attempted to replicate and usurp the functions of the EFCC, excluding other agencies from investigating financial crimes involving the state government’s assets.
She declared the law “patently inconsistent” with the Constitution and the EFCC Act, rendering it null and void.
The Court insisted that the Bauchi State Public Complaints and Anti-Corruption Commission Law has violated the provisions of section 1 (3), 4 (5) of the Constitution and cannot be allowed to stand.
Justice Yusuff declared that the Bauchi State Public Complaints and Anti-Corruption Commission Law in it’s entirety, seeks to replicate and even take over the functions of the EFCC and exclude other anti-graft corruption agencies from investigating any anti-corruption and financial crimes cases involving finances and assets of Bauchi State Government.
Justice Yusuff further explained that the provisions of the EFCC Act having covered all matters relating to or connected with corruption, economic and financial crimes, the provisions of Bauchi State Public Complaints and Anti-Corruption Commission Law which seeks to take over the investigation of all Anti-corruption and financial crime cases involving finances and assets of Bauchi State Government being investigated by any other agency and to exclude other agencies is patently inconsistent with the provisions of the EFCC Act and therefore null and void.
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