The Supreme Court has scheduled a hearing for October 22 regarding a lawsuit filed by at least 16 state governments that challenge the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and two other entities.
A seven-member panel, led by Justice Uwani Abba-Aji, set the date after allowing the states to join as co-plaintiffs and granting permission to consolidate the case initially filed by the Kogi Government through its Attorney General. The states participating in the suit marked SC/CV/178/2023 include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger.
The 16 states argue that the constitution is the supreme law and that any law inconsistent with it is void. They contend that the Supreme Court, in the case of Dr. Joseph Nwobike vs. Federal Republic of Nigeria, ruled that a UN Convention against corruption was incorporated into the EFCC Establishment Act and that the provisions of Section 12 of the 1999 Constitution, as amended, were not followed when this law was enacted in 2004.
The plaintiffs assert that compliance with Section 12 is necessary when incorporating a convention into Nigerian law. They argue that this constitutional provision required a majority of the state Houses of Assembly to agree on adopting the convention before passing the EFCC Act and related laws, which allegedly did not occur.
The states maintain that the law, as enacted, cannot be applied to states that did not consent to it, according to the Nigerian Constitution. Therefore, they claim that any institution created under this law should be deemed illegal. During the hearing on Tuesday, lawyers representing the states made their submissions. While most sought to join as co-plaintiffs, two states requested an order for consolidation of the case.
Kogi’s Attorney General’s counsel, Abdulwahab Mohammed, SAN, informed the court that several states expressed interest in consolidating the case, while others sought to join as co-plaintiffs.
“It is for this honorable court to direct us on how to proceed, my lord. Out of about 15 states, 13 indicated interest in joining as co-plaintiffs, while only two are seeking consolidation. To streamline the process, those wanting to join as co-plaintiffs should be added and follow the existing procedures, and those requesting consolidation should be instructed to file within seven days,” Mohammed stated.
Following the lawyers’ submissions, Justice Abba-Aji granted their requests and adjourned the case until October 22 for a hearing.
In the suit identified as SC/CV/178/2023, the Kogi State Attorney General has named the Attorney-General of the Federation (AGF) as the sole defendant. In the originating summons filed by a team led by Prof. Musa Yakubu, SAN, Kogi raised six questions for determination and sought nine specific reliefs.
The Kogi government seeks a declaration that the federal government, through the Nigerian Financial Intelligence Unit (NFIU), lacks the authority to issue directives, guidelines, advisories, or any instruments regarding the administration and management of state funds.
Additionally, it seeks a declaration that the EFCC, NFIU, or any federal agency cannot investigate, requisition documents, invite, or arrest individuals concerning offenses related to the management of state funds.
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