The Supreme Court on Tuesday, scheduled October 22 for the hearing of a case brought by 16 state governments challenging the legality of the laws establishing the Economic and Financial Crimes Commission and two other federal agencies.
This development follows a move by the states to join an original suit filed by the Kogi State Government, with the Attorney General of Kogi acting as the plaintiff.
A seven-member bench, led by Justice Uwani Abba-Aji, set the date after granting the states permission to join as co-plaintiffs and allowing the consolidation of their cases with Kogi’s.
The suit, marked SC/CV/178/2023, now includes state governments from Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger.
The crux of the case centers on the argument that the EFCC Act and related laws were not constitutionally enacted.
The plaintiffs argued that the Nigerian Constitution is the supreme law of the land, and any legislation that conflicts with it is invalid.
They base their argument on a previous ruling by the Supreme Court in the case of ‘Dr. Joseph Nwobike vs. Federal Republic of Nigeria’, where the court determined that the EFCC Establishment Act stemmed from a United Nations Convention against Corruption.
The plaintiffs contend that when the Act was passed in 2004, the requirements of Section 12 of the 1999 Constitution were not followed, making the law inapplicable to states that did not approve it.
According to the plaintiffs, Section 12 mandates that for any international treaty or convention to become law in Nigeria, it must be approved by the majority of state Houses of Assembly.
They claimed this procedure was ignored in the creation of the EFCC and related laws, thereby rendering the institution unconstitutional in states that did not give their consent.
During the court proceedings on Tuesday, several state representatives presented their submissions.
While most states sought to join as co-plaintiffs in the case, two requested consolidation of their legal actions. Kogi AG’s counsel, Abdulwahab Mohammed, SAN, clarified the situation, noting that “out of about 15 states, there are about 13 of them that have indicated interest to be co-plaintiffs and only two want consolidation.”
In response, Justice Abba-Aji ruled that the states seeking to join as co-plaintiffs would be granted their request, while those requesting consolidation were given seven days to file their case.
The matter was then adjourned to October 22 for the hearing.
Originally, the Kogi State Government, in its lawsuit (SC/CV/178/2023), filed through a team of lawyers led by Prof. Musa Yakubu, SAN, posed six questions for the court’s determination and sought nine specific remedies.
One of the main points of contention is the Kogi government’s claim that the federal government, through the Nigerian Financial Intelligence Unit, has no authority to issue directives, guidelines, or other instruments concerning the management of state funds.
Furthermore, Kogi is also challenging the ability of the EFCC, NFIU, or any federal agency to investigate or arrest individuals in relation to state financial matters, asserting that these agencies do not have jurisdiction over state funds.
The case, with the Attorney-General of the Federation as the sole defendant, is expected to have significant implications for the relationship between federal agencies and state governments in Nigeria.
