Kogi And 15 States Seek Supreme Court Ruling To Limit EFCC Authority

Kogi And 15 States Seek Supreme Court Ruling To Limit EFCC AuthorityThe Supreme Court has scheduled a hearing for October 22 on a lawsuit filed by 16 state governments challenging the constitutionality of the laws that established the Economic and Financial Crimes Commission (EFCC) and two other agencies.

A seven-member panel of justices, led by Justice Uwani Abba-Aji, set this date after granting permission for the states to join as co-plaintiffs and to consolidate the case, which was initially brought by the Kogi State Government through its Attorney General.

The states involved in the suit, designated SC/CV/178/2023, include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger. They argue that the constitution is the supreme law of Nigeria, stating that any law inconsistent with it is null and void.

Citing the precedent established in the case of Joseph Nwobike vs. Federal Republic of Nigeria, the plaintiffs contend that the UN Convention against Corruption was incorporated into the EFCC Establishment Act without adhering to necessary constitutional requirements. They assert that the enactment of the EFCC Act in 2004 did not comply with Section 12 of the 1999 Constitution, as amended, which mandates that a majority of state Houses of Assembly must consent to any convention being incorporated into Nigerian law.

The plaintiffs argue that this consent was not obtained, making the law inapplicable to states that did not approve it. During Tuesday’s proceedings, attorneys for the states presented their arguments, with most seeking to join as co-plaintiffs. Two states requested the court’s approval for case consolidation. Kogi’s Attorney General, Abdulwahab Mohammed, informed the court of the various states’ interests in joining the suit.

Justice Abba-Aji granted the requests for joining as co-plaintiffs and for consolidation, facilitating a more streamlined process for the court moving forward. The case has been adjourned until October 22 for further hearings. Kogi State’s Attorney General, as the primary plaintiff, has raised six critical questions for determination and is seeking nine specific reliefs, including a declaration that the federal government, through the Nigerian Financial Intelligence Unit (NFIU), lacks the authority to issue directives concerning the management of Kogi’s funds. They are also seeking a declaration that the EFCC, NFIU, or any federal agency cannot investigate or take action regarding offenses related to Kogi’s financial management.

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