Sixteen state governments have filed a lawsuit at the Supreme Court, challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and the Nigerian Financial Intelligence Unit (NFIU). The case, marked SC/CV/178/2023, was initiated by the Kogi State Government through its Attorney General, Muiz Abdullahi SAN, with 15 other states joining as co-plaintiffs.
The states involved include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger. These states argue that the creation of the EFCC and NFIU violated constitutional provisions, claiming that the establishment of the EFCC required the approval of a majority of state Houses of Assembly, which was not obtained.
The case is set for hearing on October 22 before a seven-member panel of Supreme Court justices, led by Justice Uwani Abba-Aji. The court also granted permission for the consolidation of the various state cases.
Observers suggest that the lawsuit may be linked to ongoing legal battles between former Kogi State Governor Yahaya Bello and the EFCC, over allegations of misappropriating ₦110 billion. Additionally, the EFCC has recently reopened ₦772 billion worth of money laundering cases involving 13 other former governors and ministers.
In January 2024, the EFCC resumed investigations into high-profile corruption cases, including the alleged diversion of $2.2 billion involving former Ekiti State governors, Kayode Fayemi and Ayo Fayose; former Zamfara State Governor and current minister, Bello Matawalle; and other prominent figures such as Chimaroke Nnamani, Sullivan Chime, Rabiu Kwankwaso, and Peter Odili.
Reacting to the legal action, EFCC spokesperson Dele Oyewale stated that the lawsuits indicate the agency’s effectiveness in fighting corruption. “The hostility we are experiencing is a sign that we are making progress in our fight against corrupt practices,” Oyewale said.
However, not all the states listed in the lawsuit agree with its framing. Ogun State’s Special Adviser on Media and Strategy, Kayode Akinmade, clarified that their legal action focuses on challenging NFIU policies that restrict states’ access to their funds, rather than questioning the EFCC’s constitutionality.
Similarly, Cross River State’s Commissioner for Information, Erasmus Ekpang, said that their participation was limited to an earlier suit against the NFIU, initiated by the previous administration under Ben Ayade, not the current case involving the EFCC.
The Plateau State Government also distanced itself from any calls to disband the EFCC, with its Commissioner for Information, Musa Ashoms, stressing that the state believes in allowing the law to run its course.
Other states, including Nasarawa, Katsina, and Benue, either declined to comment or were unable to provide immediate responses at the time of reporting.
