Hearing Date Announced: Supreme Court To Review EFCC’s Role In 16-State Lawsuit

Hearing Date Announced: Supreme Court To Review EFCC’s Role In 16-State LawsuitThe Supreme Court has set October 22 to hear a lawsuit filed by 16 state governments challenging the legality of the Economic and Financial Crimes Commission (EFCC). The suit was initiated by the Kogi State government in collaboration with 15 other states and questions the constitutionality of the laws that established the EFCC.

On Tuesday, a seven-member panel of Justices, led by Justice Uwani Abba-Aji, announced the hearing date after the states were granted co-plaintiff status and permission to consolidate the case originally filed by Kogi State through its Attorney General. The other states involved in the lawsuit, designated as SC/CV/178/2023, include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger.

During the hearing on Tuesday, the legal representatives for the various states presented their arguments. While most sought to join as co-plaintiffs, two states requested an order for case consolidation. Abdulwahab Mohammed (SAN), representing the Kogi State Attorney General, stated that 13 of the 15 states expressed interest in becoming co-plaintiffs, while only two sought consolidation. He urged the court to join those wishing to be co-plaintiffs and to allow those seeking consolidation to file their requests within seven days.

After considering the submissions, Justice Abba-Aji granted the requests and adjourned the case until October 22 for further proceedings.

The 16 states contend that the establishment of the EFCC violates constitutional provisions, arguing that the law requires approval from the majority of the states’ Houses of Assembly before passing the EFCC Act, a process they allege was not followed. Consequently, they assert that any institution formed under such circumstances should be deemed illegal.

Among other reliefs, Kogi State, the original plaintiff, seeks declarations stating that the Federal Government of Nigeria, through the Nigerian Financial Intelligence Unit (NFIU) or any federal agency, lacks the authority to issue directives regarding the management of Kogi State’s funds. They also contend that the EFCC and NFIU cannot investigate or take actions concerning the management of Kogi State funds or those of its local governments.

This lawsuit comes amid ongoing efforts by the EFCC to prosecute the former governor of Kogi State, Yahaya Bello, for an alleged fraud involving N110 billion. In July, the Kogi State House of Assembly passed legislation to establish a state-owned anti-corruption agency, which Governor Usman Ododo promptly signed into law. Lawmakers stated that this new agency is not intended to compete with the EFCC or the Independent Corrupt Practices and Other Related Offences Commission.

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