The Supreme Court has scheduled the hearing of a suit filed by 16 states challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) establishment. The hearing is set for October 22, 2024.
States Join as Co-Plaintiffs
A seven-member panel led by Justice Uwani Abba-Aji fixed the date after hearing submissions from counsels. The states joining the suit as co-plaintiffs include Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger. Kogi State was also granted leave to consolidate its suit, originally filed by the Kogi State Government through its Attorney General (AG).
Legal Arguments
The plaintiffs argue that the EFCC Establishment Act, enacted in 2004, did not comply with Section 12 of the 1999 Constitution, which requires the approval of the majority of state Houses of Assembly before implementing international conventions into Nigerian law. The states claim that since this approval was allegedly not obtained, the EFCC Act should not be applicable to states that did not approve it.
The suit references the Supreme Court’s previous ruling in Dr. Joseph Nwobike vs. Federal Republic of Nigeria, which found that the United Nations Convention against Corruption had been incorporated into the EFCC Establishment Act without following constitutional procedures.
Consolidation and Submissions
During the hearing, Kogi State’s Attorney General, Abdulwahab Mohammed, SAN, informed the court that some states wanted to join as co-plaintiffs, while others sought to consolidate their cases. The court granted the requests, and Justice Abba-Aji adjourned the matter to October 22 for hearing.
Reliefs Sought by Kogi State
In the original suit filed by Kogi State (SC/CV/178/2023), the state seeks several declarations, including:
- – That the Federal Government, through the Nigerian Financial Intelligence Unit (NFIU) or any federal agency, lacks the authority to issue directives on managing Kogi State’s funds.
- – That the EFCC and other federal agencies cannot investigate or arrest individuals regarding the management of Kogi State or local government funds.
The case continues to raise important questions about the limits of federal power and the autonomy of state governments in Nigeria.
