Supreme Court Sets October 22 for Hearing on States' Challenge to EFCC Laws

 

The Supreme Court has scheduled October 22, 2024, to hear a constitutional case brought by 16 state governments challenging the legality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and two other federal agencies.

The case, marked SC/CV/178/2023, was initially filed by the Kogi State Government and has since been joined by 15 other states as co-plaintiffs. These states include Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger.

A seven-member panel of the Supreme Court, led by Justice Uwani Abba-Aji, fixed the hearing date after approving the request of the states to join the lawsuit and consolidating the various cases into one. The states argue that the EFCC and related laws were enacted in violation of the Nigerian Constitution.

The plaintiffs specifically contend that the EFCC Establishment Act of 2004, which was based on a United Nations anti-corruption convention, was not enacted in line with Section 12 of the Constitution. This section requires approval from state legislatures before international conventions can be made domestic law. The states argue that this requirement was not fulfilled, making the EFCC Act unconstitutional in their jurisdictions.

The states are basing their case on a prior Supreme Court ruling in the case of Dr. Joseph Nwobike v. Federal Republic of Nigeria, where the court held that a UN convention had been incorporated into Nigerian law without following proper constitutional processes. Without their approval, the plaintiffs argue, the EFCC Act and the commission itself cannot lawfully operate within their states.

During the court session on Tuesday, lawyers representing the states presented their legal arguments. Most of the states requested to be joined as co-plaintiffs in the case, while two states sought the consolidation of their cases. Counsel for Kogi State, Abdulwahab Mohammed, SAN, proposed that the co-plaintiffs follow existing legal procedures and that states seeking consolidation file their submissions within seven days.

Justice Abba-Aji granted the requests, setting October 22 for further hearings.

The Kogi State Government, in its original suit, posed six critical questions for the court to determine and sought nine reliefs, including declarations that federal agencies like the EFCC and the Nigerian Financial Intelligence Unit (NFIU) lack the authority to investigate or manage state financial administration. The outcome of this case could potentially redefine the powers of federal agencies over state governments in Nigeria.