The Supreme Court of Nigeria has scheduled October 22 for the important hearing on a lawsuit involving 16 state governments, challenging the legal foundation of the Economic and Financial Crimes Commission (EFCC) and two other federal institutions.
A seven-member panel of justices, led by Justice Uwani Abba-Aji, announced the date following the acceptance of the states as co-plaintiffs in the suit originally filed by Kogi State’s Attorney General. The states participating in the case (SC/CV/178/2023) include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger.
The plaintiffs argue that the laws establishing these federal agencies, including the EFCC, violate Nigeria’s constitution. They point to a Supreme Court decision in Dr. Joseph Nwobike vs. Federal Republic of Nigeria, which incorporated the UN Convention against Corruption into the EFCC Establishment Act without adherence to Section 12 of the 1999 Constitution. Section 12 requires that a majority of state Houses of Assembly approve any convention being integrated into Nigerian law.
The states maintain that the EFCC Act was improperly enacted in 2004, making it unenforceable in states that did not grant their approval. They further contend that any federal body created under this law is therefore illegal.
During Tuesday’s proceedings, the states’ attorneys presented their arguments, with most requesting to join as co-plaintiffs, and two seeking case consolidation. Kogi State’s lead counsel, Abdulwahab Mohammed (SAN), informed the court of the interest of 13 states in joining as co-plaintiffs and clarified procedural matters regarding the consolidation requests. Justice Abba-Aji granted the requests, setting the stage for a full hearing next month.
Kogi State’s original suit names the Attorney General of the Federation as the sole defendant. Among other reliefs, the state seeks declarations that the federal government, through the Nigerian Financial Intelligence Unit (NFIU), lacks the authority to issue directives on state funds, and that the EFCC and other federal agencies have no power to investigate or arrest individuals regarding state fund management.
