Supreme Court to rule on suit by Govs challenging establishment of EFCC Today

The Supreme Court has scheduled October 22 for the hearing of a case filed by 16 state governments, contesting the constitutionality of the laws that established the Economic and Financial Crimes Commission (EFCC) and other related agencies.

A seven-member judicial panel, led by Justice Uwani Abba-Aji, set the hearing date after allowing the states to join as co-plaintiffs and consolidating the cases in a suit originally initiated by the Kogi State Government through its Attorney General.

The states involved in the suit, marked SC/CV/178/2023, include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger.

The plaintiffs argue that the EFCC Establishment Act, enacted in 2004, failed to comply with Section 12 of the 1999 Constitution, which mandates majority approval from state Houses of Assembly before any international conventions, such as the UN Convention against Corruption, can be incorporated into Nigerian law.

The states insist that the failure to secure this constitutional approval renders the EFCC Act null and void, and they argue that the EFCC’s operations in states that did not endorse the law are illegal.

Lawyers representing the states presented their arguments during the court session, with some requesting to be joined as co-plaintiffs and others seeking consolidation of the case.

“It is for this honourable court to tell us how to proceed my lord.

“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 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.

After the lawyers’ submissions, Justice Abba-Aji granted their prayers.
She adjourned the matter until Oct. 22 for a hearing.

The Kogi State AG had, in the suit number: SC/CV/178/2023 sued the Attorney-General of the Federation (AGF) as sole defendant.

In the originating summons filed by a team of lawyers led by Prof .Musa Yakubu, SAN, the state raised six questions for determination and sought nine reliefs.

The Kogi government sought a declaration that the federal government through the Nigerian Financial Intelligence Unit (NFIU) lacked the power to issue any directive, guideline, advisory or any instrument however called for the administration and management of funds belonging to the state.

The government also sought a declaration that the EFCC, the NFIU or any agency of the federal government cannot investigate, requisition documents, invite and or arrest anyone concerning offences arising from or touching on the administration and management of funds belonging to the state.