Supreme Court to Tackle States’ EFCC Challenge on Oct 22

The Supreme Court has set October 22 as the hearing date for a lawsuit filed by 16 state governments challenging the legality of the Economic and Financial Crimes Commission (EFCC) and the Nigerian Financial Intelligence Unit (NFIU).

The case, originally initiated by the Kogi State Government, questions the constitutionality of the laws establishing these federal agencies. Kogi, along with 15 other states, claims that the EFCC and NFIU laws violate the Nigerian Constitution.

A seven-member panel of justices, led by Justice Uwani Abba-Aji, scheduled the hearing date after approving the participation of the additional states as co-plaintiffs. The case, originally brought by Kogi’s Attorney General (AG), has now been consolidated with the suits of the other 15 states under case number SC/CV/178/2023. The states involved include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger.

During the session, counsel representing the various states made their arguments. While the majority sought to be joined as co-plaintiffs, two states requested a consolidation of the cases. Abdulwahab Mohammed, counsel for Kogi State, noted that 13 states wanted to join as co-plaintiffs, while two preferred consolidation. He urged the court to streamline the process.

Justice Abba-Aji granted the requests and adjourned the case until October 22.

In the lawsuit, all 16 states argue that the Nigerian Constitution is supreme, and any law inconsistent with it is invalid. They cited a previous Supreme Court ruling in *Dr. Joseph Nwobike vs Federal Republic of Nigeria*, which held that the EFCC Establishment Act was derived from a United Nations Convention against corruption. The plaintiffs claim that the enactment of the EFCC Act in 2004 did not comply with Section 12 of the 1999 Constitution, which requires the approval of a majority of state Houses of Assembly before any international convention can be domesticated into Nigerian law.

As a result, the states argue that the EFCC and NFIU laws cannot be applied to states that did not approve them, rendering the institutions illegal.

In its originating summons, Kogi State’s Attorney General sued the Attorney-General of the Federation (AGF) as the sole defendant. Kogi’s legal team, led by Prof. Musa Yakubu, raised six questions for determination and sought nine reliefs. Among the reliefs sought is a declaration that the Federal Government, through the NFIU or any federal agency, lacks the authority to issue directives regarding the administration of state or local government funds.

The plaintiffs also seek a ruling that the EFCC and NFIU cannot investigate, requisition documents, or arrest individuals concerning the management of funds belonging to Kogi State or its local governments.