The Supreme Court has scheduled October 22 for the hearing of a lawsuit filed by at least 16 state governments challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and two other agencies.
A seven-member panel, led by Justice Uwani Abba-Aji, set the date after the states were joined as co-plaintiffs in a suit originally initiated by the Kogi State Government.
The states involved include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger.
Their argument is based on the supremacy of the Nigerian Constitution, asserting that any law inconsistent with the Constitution should be declared null and void.
The plaintiffs referenced a prior Supreme Court judgment in Dr. Joseph Nwobike v. Federal Republic of Nigeria, arguing that the EFCC Act was enacted based on a United Nations Convention against corruption.
They claim that the EFCC Establishment Act of 2004 did not comply with Section 12 of the 1999 Constitution, which requires the majority approval of state Houses of Assembly for international conventions to be incorporated into Nigerian law.
The argument of the states in their present suit, which they said had 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.
When the case was called on Tuesday, lawyers, who represented the states, made their submissions.
While the majority sought to be joined as co-plaintiffs, two of the states prayed for an order for consolidation of the case.
Kogi AG’s counsel, Abdulwahab Mohammed, SAN, informed the court that there were states that indicated interest in consolidation of the case and those seeking to be joined 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,” Mohammed said.
After the lawyers’ submissions, Justice Abba-Aji granted their prayers.
She adjourned the matter until Oct. 22 for a hearing.
The Kogi State AG had, in the suit number: SC/CV/178/2023 sued the Attorney-General of the Federation (AGF) as sole defendant.
In the originating summons filed by a team of lawyers led by Prof .Musa Yakubu, SAN, the state raised six questions for determination and sought nine reliefs.
The Kogi government sought a declaration that the federal government through the Nigerian Financial Intelligence Unit (NFIU) lacked the power to issue any directive, guideline, advisory or any instrument however called for the administration and management of funds belonging to the state.
The government also sought a declaration that the EFCC, the NFIU or any agency of the federal government cannot investigate, requisition documents, invite and or arrest anyone concerning offences arising from or touching on the administration and management of funds belonging to the state.
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