The Supreme Court on Tuesday scheduled October 22 for the hearing of a suit filed by 16 state governments challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and related agencies.
A seven-member panel, led by Justice Uwani Abba-Aji, set the date after granting the states’ request to join as co-plaintiffs in the suit initially filed by the Kogi State Government.
The states involved include Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger.
The states argued that the EFCC Establishment Act violates the Constitution, citing a Supreme Court ruling in Joseph Nwobike Vs. Federal Republic of Nigeria.
The plaintiffs claim that when the EFCC Act was enacted in 2004, the provisions of Section 12 of the 1999 Constitution were not followed.
According to the Constitution, for any international convention—like the UN Convention against Corruption, which forms the basis of the EFCC Act—to be incorporated into Nigerian law, the majority of state Houses of Assembly must approve it. The states contend that this procedure was not adhered to, rendering the EFCC Act inapplicable to states that did not consent.
The plaintiffs argued that any institution formed under such a law should be considered illegal.
During Tuesday’s session, lawyers representing the states presented their arguments, with most seeking to be joined as co-plaintiffs and a few requesting consolidation of the cases.
Abdulwahab Mohammed, the Kogi State attorney general’s counsel, informed the court that 13 states wanted to join as co-plaintiffs, while two others requested case consolidation. Justice Abba-Aji granted the states’ requests and adjourned the case until October 22 for a full hearing.
“Out of about 15 states, there are about 13 of them that have indicated interest to be co-plaintiffs and only two want consolidation.
“To make the task of the court easier, those who want to be be joined as co-plaintiff should be joined and abide by the processes already filed and those who sought consolidation should be asked to file within seven days,” Mohammed said.
The original suit, filed by the Kogi State attorney general under suit number SC/CV/178/2023, names the Attorney General of the Federation (AGF) as the sole defendant.
Kogi State is seeking six determinations and nine reliefs, including declarations that the EFCC and other federal agencies lack the authority to manage or investigate state or local government funds without state approval.
Among the reliefs sought are “A declaration that the Federal Government of Nigeria through the Nigerian Financial Intelligence Unit (NFIU) or any agency of the Federal Government lacks the power to issue any directive, guideline, advisory or any instrument howsoever called for the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogi State.
“A declaration that the Economic and Financial Crimes Commission (EFCC), the Nigerian Financial Intelligence Unit (NFIU) or any agency of the Federal Government of Nigeria cannot investigate, requisition documents, invite and or arrest anyone with respect to offences arising from or touching on the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogi State.”
The outcome of the case could significantly impact the scope of the EFCC’s authority, particularly regarding its ability to investigate state governments.
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