On Tuesday, the Supreme Court scheduled a hearing for October 22 regarding a lawsuit filed by at least 16 state governments contesting the constitutionality of the laws that established the Economic and Financial Crimes Commission (EFCC) and two other entities.
A seven-member panel of justices, led by Justice Uwani Abba-Aji, announced the date after admitting the states as co-plaintiffs and granting permission for consolidation of the case, originally initiated by the Kogi Government through its Attorney General.
The states joining the suit, labeled SC/CV/178/2023, include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger.
The plaintiffs assert that the constitution is the supreme law of the land, rendering any inconsistent legislation invalid. They cite the Supreme Court’s decision in Dr. Joseph Nwobike Vs Federal Republic of Nigeria, which stated that the EFCC Establishment Act was based on a UN Convention against corruption, but the enactment of this law in 2004 failed to comply with Section 12 of the amended 1999 Constitution.
The plaintiffs argue that introducing a convention into Nigerian law requires adherence to Section 12, which stipulates that a majority of the state Houses of Assembly must approve it before the EFCC Act and similar laws can be passed—an agreement they allege was never achieved.
Their legal contention, supported by the Supreme Court’s prior ruling, asserts that the legislation cannot be enforced in states that did not endorse it, as per the Nigerian Constitution. Thus, they argue that any institution formed under such legislation should be deemed illegal.
When the case was called on Tuesday, the lawyers representing the states presented their arguments. While most sought to be co-plaintiffs, two states requested an order for case consolidation.
Counsel for Kogi’s Attorney General, Abdulwahab Mohammed, SAN, informed the court that several states were interested in consolidating the case, while others sought co-plaintiff status.
“It is for this honorable court to guide us on how to proceed, my lord. Out of about 15 states, 13 wish to join as co-plaintiffs while only two are seeking consolidation. To ease the court’s workload, those wanting to join as co-plaintiffs should be admitted to the existing processes, and those seeking consolidation should file within seven days,” Mr. Mohammed stated.
Following the lawyers’ submissions, Justice Abba-Aji granted their requests and adjourned the matter until October 22 for the scheduled hearing.
In lawsuit number SC/CV/178/2023, Kogi’s Attorney General has named the Attorney-General of the Federation (AGF) as the sole defendant. In the originating summons filed by a team led by Prof. Musa Yakubu, SAN, the state posed six questions for resolution and sought nine specific reliefs.
The governors are demanding a declaration that the federal government, through the Nigerian Financial Intelligence Unit (NFIU), lacks the authority to issue any directives, guidelines, advisories, or similar instruments concerning the management of funds belonging to Kogi State or any local government area within it.
They also seek a declaration that the EFCC, the NFIU, or any federal agency cannot investigate, requisition documents, invite, or arrest individuals in connection with the administration and management of funds belonging to Kogi or its local governments.
