The Supreme Court has scheduled a hearing for October 22 regarding a lawsuit filed by 16 state governments that challenges the legality of the Economic and Financial Crimes Commission (EFCC).
The case, initiated by the Kogi State Government along with 15 other states, questions the constitutionality of the laws that established both the EFCC and the Nigerian Financial Intelligence Unit (NFIU).
A panel of seven justices, led by Justice Uwani Abba-Aji, set the hearing date after the states were granted co-plaintiff status and permission for case consolidation in a lawsuit initially filed by Kogi’s Attorney General.
The other states involved in the case, marked SC/CV/178/2023, are Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger.
During the proceedings, attorneys representing the states presented their arguments. Most sought to be added as co-plaintiffs, while two states requested consolidation of the case.
Kogi’s Attorney General’s counsel, Abdulwahab Mohammed, explained that 13 states wanted co-plaintiff status while two were interested in consolidation. He urged the court to facilitate this process.
After considering the submissions, Justice Abba-Aji granted the requests and adjourned the hearing until October 22.
The states argue that the Constitution is the highest law, and any conflicting law is invalid. They cited a previous Supreme Court ruling in the case of Dr. Joseph Nwobike vs. Federal Republic of Nigeria, which indicated that the EFCC Establishment Act incorporated a United Nations convention against corruption but failed to adhere to Section 12 of the 1999 Constitution during its enactment.
The plaintiffs assert that the Constitution requires the majority of state Houses of Assembly to agree to adopt such conventions before passing related laws, a process that allegedly was not followed. They contend that the EFCC cannot be applied to states that did not approve it according to the Constitution, rendering the commission illegal.
In the original summons (SC/CV/178/2023), Kogi State sued the Attorney-General of the Federation as the sole defendant. Led by Professor Musa Yakubu, the legal team posed six questions for determination and sought nine specific reliefs. Among these are declarations stating that the Federal Government, through the NFIU or any of its agencies, lacks the authority to issue directives regarding the management of funds belonging to Kogi State or any of its local government areas, and that the EFCC cannot investigate or arrest anyone regarding offenses related to these funds.
