Daud Olatunji
Sixteen state governments, including Kogi, Ogun, and Oyo, have called for the dismantling of the Economic and Financial Crimes Commission (EFCC), challenging the constitutionality of its establishment.
On Tuesday, the Supreme Court fixed October 22 for the hearing of a suit originally filed by the Kogi State Government, questioning the legal foundation of the EFCC and two other federal agencies.
The case, marked SC/CV/178/2023, has since attracted the backing of 15 additional states, such as Ogun, Oyo, Ondo, Edo, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger, which claimed that the establishment of the EFCC did not comply with the requirements of the 1999 Constitution.
A seven-member panel of justices, led by Justice Uwani Abba-Aji, made the adjournment after the court granted leave for consolidation of the case and allowed the 16 states to join as co-plaintiffs.
The Kogi State Government, through its Attorney General, Abdulwahab Mohammed, is spearheading the legal challenge.
Mohammed emphasized that various states had expressed interest in consolidating their positions, with some seeking to join as co-plaintiffs and others preferring consolidation.
The states argue that the EFCC’s establishment violates the Nigerian Constitution.
They base their claim on the Supreme Court’s previous ruling in Joseph Nwobike vs. Federal Republic of Nigeria, which highlighted procedural irregularities in enacting the EFCC Establishment Act.
The plaintiffs assert that Section 12 of the 1999 Constitution was not followed in incorporating the United Nations Convention against Corruption into Nigerian law, as it requires the approval of the majority of the states’ Houses of Assembly.
Consequently, the states claim the EFCC Act should be rendered void, as their approval was allegedly never obtained.
The legal contention revolves around the constitution’s supremacy. According to the states, any law that contradicts the constitution is null and void.
They argue that since their Houses of Assembly never ratified the EFCC Establishment Act, the anti-graft body cannot legally exercise jurisdiction within their states.
The plaintiffs are pushing for the Supreme Court to declare the EFCC an illegal entity, rendering its actions unconstitutional.
As the case moves forward, Kogi and the other states have sought nine specific reliefs from the court.
These include a declaration that the Nigerian Financial Intelligence Unit (NFIU) lacks the authority to administer or manage state funds and that neither the EFCC nor any federal agency can investigate, request documents, or arrest individuals concerning the management of state finances.
The ongoing legal battle comes amid growing tension between some state governments and federal agencies over alleged overreach and jurisdictional breaches.
Kogi State has consistently criticized the federal government’s financial watchdogs for what it views as interference in state matters, particularly regarding the management of public funds.
The Supreme Court’s upcoming hearing promises to be a landmark event, as its decision could have far-reaching implications for federalism, the division of powers, and the future of Nigeria’s anti-corruption architecture.
With 16 states united in this challenge, the case presents a formidable test of the constitutionality of Nigeria’s existing anti-corruption framework.
Justice Abba-Aji, in adjourning the case, affirmed that the court will determine the legal framework under which the EFCC and related agencies operate.
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