S/Court Sets Oct 22 For Suit By 16 Govs Challenging EFCC Establishment Act

The Supreme Court, on Tuesday, fixed October 22 for the hearing of a suit filed by no fewer than 16 state governments challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and two others.

A seven-man panel of Justices, led by Justice Uwani Abba-Aji, fixed the date after the states were joined as co-plaintiffs and leave granted for consolidation of the case in the suit originally filed by the Kogi State Government through its Attorney General.

The sixteen states that joined 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 relying on the fact that the Constitution is the supreme law and any law that is inconsistent with it is a nullity.

The plaintiffs argued that the Supreme Court, in Dr. Joseph Nwobike Vs Federal Republic of Nigeria, had held that it was a United Nations Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.

The argument was that, in bringing a convention into the Nigerian law, the provision of Section 12 must be complied with adding that the provision of the Constitution necessitated the majority of the states’ Houses of Assembly agreeing to bringing the convention in before passing the EFCC Act and others, which was allegedly never done.

The argument of the states in their present suit, which had reportedly been corroborated by the Supreme Court in the previous case mentioned, is that the law, as enacted, could not be applied to states that never approved of it, in accordance with the provisions of the Nigerian constitution hence the argument that any institution so formed should be regarded as an illegal institution.

When the case was called on Tuesday, lawyers, who got represented the states, made their submissions while majority sought to be joined as co-plaintiffs, two of the states prayed for an order for consolidation of the case.

Kogi State Attorney Generals counsel, Abdulwahab Mohammed, informed the court that there were states that indicated interest in consolidation of the case and those seeking to be joined as co-plaintiffs.

“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 be joined as co-plaintiffs 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 and adjourned the matter until October. 22 for hearing and in the originating summons filed by a team of lawyers led by Prof .Musa Yakubu, the state raised six questions for determination and sought nine reliefs.

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 for the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogi State.

Garry Ochigbo, Edited By Grace Namiji