The Supreme Court has scheduled 22 October for the hearing of a lawsuit filed by at least 16 state governments challenging the constitutionality of the laws that established the Economic and Financial Crimes Commission (EFCC) and two other agencies.
A seven-member panel of justices, led by Justice Uwani Abba-Aji, set the date after the states were added as co-plaintiffs, and permission was granted to consolidate the suit originally filed by the Kogi State Government through its Attorney General.
The states joining the case, marked SC/CV/178/2023, include Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger.
The plaintiffs argue that the Nigerian Constitution is the supreme law, and any law that contradicts it should be deemed null and void.
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They cite a prior Supreme Court ruling in Joseph Nwobike v. Federal Republic of Nigeria, which found that the EFCC Establishment Act was derived from a UN Convention against corruption.
The plaintiffs claim that when the law was enacted in 2004, the required provisions of Section 12 of the 1999 Constitution (as amended) were not followed.
According to them, Section 12 stipulates that for any international convention to be incorporated into Nigerian law, the majority of state Houses of Assembly must agree, which they argue did not happen in the case of the EFCC Act and similar laws.
As a result, the states contend that the EFCC law cannot apply to those that did not approve it, making any institution formed under such laws unlawful.
When the case was called on Tuesday, the states’ legal representatives presented their arguments. Most sought to be included as co-plaintiffs, while two states requested the consolidation of the case.
Kogi’s Attorney General’s counsel, Abdulwahab Mohammed, informed the court that several states had expressed interest in either consolidation or joining as co-plaintiffs.
“It is for this honourable court to tell us how to proceed my lord.
“Out of about 15 states, there are about 13 of them that have indicated interest to be co-plaintiffs and only two want consolidation.
“To make the task of the court easier, those who want to be joined as co-plaintiff should be joined and abide by the processes already filed and those who sought consolidation should be asked to file within seven days,” Mr Mohammed said.
After the lawyers made their submissions, Justice Abba-Aji granted their requests.
She then adjourned the case to 22 October for a hearing.
The Attorney General of Kogi State, in suit number SC/CV/178/2023, had filed a case against the Attorney General of the Federation (AGF), listed as the sole defendant.
In the originating summons, submitted by a legal team led by Musa Yakubu, the state raised six key questions for determination and sought nine specific reliefs.
The governors requested a court declaration that the Nigerian Financial Intelligence Unit (NFIU) does not have the authority to issue directives, guidelines, advisories, or any instruments related to the administration and management of Kogi State funds.
Additionally, they sought a declaration that neither the EFCC, the NFIU, nor any federal agency has the power to investigate, request documents, or summon or arrest individuals concerning matters related to the administration and management of Kogi State funds
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