By Correspondent in Abuja.
A constitutional lawyer, Joshua Ijaodola, has filed two separate suits before the Federal High Court in Abuja, seeking to nullify the Acts establishing the Economic and Financial Crimes Commission (EFCC) and the Nigeria Security and Civil Defence Corps (NSCDC), describing them as unconstitutional.
In the suits, dated June 23 and filed on June 24, Ijaodola argued that the enabling laws of both agencies violate Section 214 of the 1999 Constitution (as amended), which vests exclusive powers of crime prevention, detection, apprehension, and prosecution in the Nigeria Police Force.
In the first suit, marked FHC/ABJ/CS/1231/2025, the National Assembly, the Attorney-General of the Federation (AGF), the Nigeria Police Force (NPF), and the EFCC are listed as 1st to 4th defendants respectively.
The second suit, marked FHC/ABJ/CS/1232/2025, names the National Assembly, AGF, NPF, and NSCDC as 1st to 4th defendants.
Ijaodola, Principal Partner at Ijaodola & Co, filed an affidavit of non-multiplicity of action, confirming that the matter is not pending in any other court.
In the case against the EFCC, the lawyer seeks a declaration that the Act establishing the commission is unconstitutional and in breach of Section 214 of the 1999 Constitution (as amended) and Section 4 of the Police Act, 2022.
He contends that the National Assembly, through the Economic and Financial Crimes Commission Act, 2004, unlawfully created a parallel “economic police” and transferred the statutory responsibilities of the Nigeria Police to the EFCC, particularly in Sections 6, 7, and 8 of the Act.
“The 1st defendant, in Section 6 of the EFCC Act, donates part of the statutory duties of the police to the 4th defendant. Similarly, Section 8(5) of the Act empowers the EFCC to investigate, arrest, detain, and prosecute offenders,powers constitutionally reserved for the Nigeria Police,” he stated.
In the suit against the NSCDC, Ijaodola maintains that the Corps, created through the NSCDC (Amendment) Act, 2007, has also taken on responsibilities that constitutionally belong to the police, in violation of Section 214 of the Constitution and the Police Act, 2022.
He argued that Section 3 of the NSCDC Act grants the Corps authority to investigate, arrest, detain, and prosecute, thereby encroaching on the exclusive powers of the police.
Ijaodola further noted that the federal government, represented by the Attorney-General, continues to spend billions of naira to fund the EFCC and NSCDC, which he argues are operating in violation of the Constitution.
He urged the court to declare the enabling laws of both agencies null and void in the interest of justice and to uphold the supremacy of the Constitution.
“I make this solemn declaration conscientiously, believing the same to be true, in accordance with the Oaths Act,” he said.
As of the time of filing this report, the suits had not been assigned to any judge.
Edited by Dada Ahmed.
