By Hassan Ibrahim
The Court of Appeal sitting in Jos Plateau State has nullified the Bauchi State Public Complaints and Anti-Corruption Commission Law for being inconsistent with the Constitution of the Federal Republic of Nigeria 1999 as amended.
A Bauchi based lawyer Ishaq Hussain Magaji (SAN) had earlier dragged the Bauchi State Government to court challenging the law enacted in 2022 by the Bauchi State House Assembly because section 15 (2), (a) (b) of the law is not consistent with section 4 (5) of the Constitution of the Federal Republic of Nigeria 1999 as amended, the law usurped the investigative powers of anti-graft agencies of the Federal Republic of Nigeria.
On 30 September 2024, the Federal High Court Bauchi in suit No FHC/Bauchi/CS/76/2023 had earlier in its judgement declared the Bauchi State Public Complaints and Anti-Corruption Commission Law 2022 contradicts section 6, 7 and 13 of the EFCC Act 2004, therefore it stand void, null and of no effects, adding that in view of the 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.
Bauchi State Government not satisfied with the ruling of the Federal High Court filed an appeal with suite No CA /J/179/2023 in the Court Appeal in Jos.
The Court of Appeal in it's unanimous judgement led by Justice Misitura Omodere Bolaji Yusuff, Justice Peter Oyinkenimiemi Afeen and Justice Abiodun Azeem Akinyemi, the Court, dismissed the appeal of Bauchi State Government insisting 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 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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