S’Court reserves judgement in 19 states’ suit challenging EFCC legitimacy

The Supreme Court has reserved judgement in the suit filed by 19 states challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC).

The plaintiffs in the suit marked: SC/CV/178/2023 argued that the Supreme Court, in Dr Joseph Nwobike vs Federal Republic of Nigeria, had held that it was a United Nations Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.

The argument was that, in bringing a convention into Nigerian law, the provision of Section 12 must be complied with.

According to them, the provision of the constitution necessitated the majority of the states’ Houses of Assembly agreeing to bring the convention in before passing the EFCC Act and others, which was allegedly never done.

The argument of the states in their present suit which they had reportedly been corroborated by the Supreme Court in the previous case mentioned is that the law, as enacted, could not be applied to states that never approved of it, in accordance with the provisions of the Nigerian constitution.

Hence, they argued that any institution so formed should be regarded as an illegal institution.

EFCC re-arraigns ex-governor, commissioner for N5.78bn fraud

At the resumed hearing on Tuesday, October 22, 2024, two states, Imo and Bauchi, joined the suit as co-plaintiffs while Osun States sought a consolidation of the suit.

In another development, three states – Anambra, Ebonyi, and Adamawa – announced their decisions to withdraw their suits.

The Attorney-General of the Federation, Lateef Fagbemi (SAN), who was present in court as the defendant, craved the court’s indulgence to take the process they filed on Tuesday morning.

Justice Uwani Abba-Aji thereby granted leave to the defendant to use the reply on point of law filed on Tuesday.

Mohammed Abdulwahab (SAN), who appeared for the first plaintiff (Kogi State Attorney-General), said the amended processes filed by the AGF were different from what had initially been filed, noting that he had to refile his processes to answer to the fresh issues and facts.

The old processes were therefore struck out.

Justice Abba-Aji, in the ruling, reserved judgement in the Kogi suit and ruled that all the three suits filed by Osun, Nasarawa, and Ogun States seeking consolidation shall abide with arguments in the original suit filed by Kogi State.

The Supreme Court is to communicate a date for judgement to all parties.

On Tuesday, the number of states challenging the constitutionality of the EFCC increased to 19, including Kogi State despite the withdrawal of three states.

The states are Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun, and Taraba.

The Star