Governors’ Legal Moves Threaten Nigeria’s Anti-Corruption Battle and Local Government Autonomy-CSOs

Maryam Aminu

In an unprecedented legal battle that could reshape Nigeria’s anti-corruption landscape, a coalition of over 40 civil society organizations (CSOs) has issued a stark warning over the actions of several state governors.

The CSOs, including Yiaga Africa, Connected Development (CODE), Amnesty International Nigeria, CISLAC etc have condemned the governors for attempting to dismantle the powers of the Economic and Financial Crimes Commission (EFCC) and the Nigerian Financial Intelligence Unit (NFIU), while also undermining the financial autonomy of local governments.

The coalition has accused these governors of pursuing a “dangerous agenda” that not only threatens Nigeria’s anti-corruption efforts but also the principles of grassroots democracy.

At the center of this storm is a consolidated lawsuit filed by 16 governors, challenging the authority of the EFCC and NFIU to investigate and direct state and local government finances.

The suit, which is set for hearing on October 22, 2024, could have far-reaching consequences for the country’s fight against corruption.

At a joint press conference yesterday in Abuja, the Executive Director of CISLAC, Auwal Ibrahim Musa (Rafsanjani), described the governors’ actions as a calculated effort to cripple Nigeria’s anti-corruption agencies.

He accused the governors of using “legal cover” to frustrate the work of institutions that have been at the forefront of tackling graft and holding public officials accountable.

“The actions of these governors represent one of the most brazen attempts to undermine Nigeria’s anti-corruption framework. For over 20 years, the EFCC has played a critical role in fighting corruption at all levels of government, and now, under the guise of legal technicalities, these governors want to dismantle the system,” Rafsanjani said.

The CSOs view the lawsuit as a direct assault on the independence of anti-corruption bodies and a blatant disregard for the rule of law. According to sources familiar with the case, the governors are arguing that the EFCC Act did not receive the approval of state Houses of Assembly, citing constitutional provisions meant for treaties a claim Rafsanjani swiftly dismissed.

“This is not a treaty; it’s a Nigerian law enacted to combat corruption, and its legitimacy has been upheld for years. To challenge it now, especially given Nigeria’s position on the Financial Action Task Force (FATF) grey list, is both reckless and dangerous. If this suit succeeds, it could set back Nigeria’s anti-corruption fight by decades,” he added.

The coalition of CSOs called the Federal Government, the National Assembly, and relevant anti-corruption agencies to intervene decisively.

They want the governors involved to face sanctions and are urging the government to reinforce the powers of the EFCC, Independent Corrupt Practices and Other Related Offences Commission (ICPC), and NFIU.

The CSOs further emphasized that the financial autonomy of local governments, reaffirmed by a recent Supreme Court ruling, must not be compromised.

They pointed to the persistent interference of some governors in local government funds as a serious violation of the constitution and a major obstacle to grassroots development.

“This is more than just a legal matter it’s about ensuring that local governments can function independently to serve the people.

The Supreme Court has already ruled on this, and yet, these governors are introducing new bills to override the judgment. This is a clear disregard for the rule of law,” the coalition stated.

There are also growing fears of international fallout if Nigeria continues down this path.

Rafsanjani warned that the country could face blacklisting by international financial bodies if it fails to address these governance challenges. Already grey-listed by FATF for non-cooperation in global efforts to curb money laundering, Nigeria could see its international standing further damaged if anti-corruption efforts are perceived to be eroding.

“Being grey-listed by FATF has significant implications for Nigeria’s international financial transactions and overall reputation. If these governors succeed in undermining the EFCC and NFIU, the consequences could be disastrous not just for our economy but for Nigeria’s standing on the global stage,” Rafsanjani caution

As the October 22 court date approaches, the coalition is urging all Nigerians to rally behind the anti-corruption agencies and defend the integrity of Nigeria’s governance structures. The CSOs have called on the governors involved to drop the lawsuit and work with the Federal Government to ensure transparency and accountability in managing public funds.

“The governors should abandon this ill-advised lawsuit and collaborate with the anti-corruption agencies to ensure the proper management of resources in their states. Transparency and accountability must be our collective goal,” the coalition declared.

Also speaking, Hamzat Lawal, Chief Executive of CODE,remarked that “The fight against corruption is not a one-man show; its requires the collective effort of all Nigerians. The institutions we’ve built to tackle this menace, like the EFCC and NFIU, are vital. Any move to weaken them is not just a threat to accountability, it’s a threat to the very fabric of Nigeria’s democracy.”

With Nigeria’s future on the line, this battle over the powers of the EFCC and local government autonomy may become one of the defining moments in the country’s long fight against corruption. As Hamzat Lawal noted, “We stand firm in our commitment to support these institutions in promoting justice, transparency, and accountability in Nigeria. Any attempt to undermine them is an attempt to undermine the future of this nation.”

This high-stakes legal confrontation has now become a litmus test for the resilience of Nigeria’s anti-corruption efforts and the country’s commitment to upholding the rule of law.

All eyes will be on the Supreme Court as the nation awaits a ruling that could have lasting implications for the fight against corruption and the balance of power between state and federal institutions.