Appeal Court Abolishes Bauchi Anti- Corruption Commission Law

From Paul Orude Bauchi

The Court of Appeal sitting in Jos, Plateau State, has abolished the Bauchi State Public Complaints and Anti-Corruption Commission Law.

The Court, in an unanimous ruling, declared that the Bauchi State anti-corruption Commission law was inconsistent with the Constitution of the Federal Republic of Nigeria 1999 as amended.

A Bauchi based lawyer, Ishaq Hussain Magaji (SAN), had sued Bauchi State Government, challenging the law enacted in 2022 by the State House of Assembly.

Magaji argued that section 15 (2), (a) (b) of the law was not consistent with section 4 (5) of the Constitution, saying the Bauchi State Anti- Corruption Commission Law usurped the investigative powers of anti-corruption agencies of the country.

On 30 September 2024, the Federal High Court Bauchi in suit No FHC/Bauchi/CS/76/2023 had pronounced that the Bauchi State Public Complaints and Anti-Corruption Commission Law 2022 contradicts section 6, 7 and 13 of the EFCC Act 2004, therefore void, null and of no effects,

The Federal High Court interpreted that by section 6, 7 and 13 of the EFCC Act 2004, the Bauchi State Public Complaints and Anti-Corruption Commission cannot have exclusive right of investigation and prosecution of graft offences against Bauchi State, which is contrary to section 4 (5) of the Constitution of the Federal Republic of Nigeria 1999 as amended.

Dissatisfied with the judgment of the Federal High Court, the Bauchi State Government filed an appeal with suite No CA /J/179/2023 in the Court Appeal in Jos.

The Court of Appeal, led by Justice Misitura Omodere Bolaji Yusuff, Justice Peter Oyinkenimiemi Afeen and Justice Abiodun Azeem Akinyemi, in  an unanimous judgment, dismissed the appeal of Bauchi State Government.

The Appeal 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 its entirety sought 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.

He 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.