Supreme Court Says Hearing‘ll Begin In Suit Filed By 16 States Seeking To Prove EFCC Wasn’t Validly Established Oct 22

The Supreme Court will on October 22 begin hearing in the suit filed by 16 state governments seeking to prove that the anti-graft commission, Economic and Financial Crimes Commission (EFCC) was not validly established abinitio.

The suit which was instituted by the Kogi State Government and 15 other states is contesting the constitutionality of the laws that made  the EFCC and the Nigerian Financial Intelligence Unit come into being.

Team@orientactualmags.com learned that a seven-man panel headed by Justice Uwani Abba-Aji disclosed on Tuesday that hearing will begin on October 22, after the states were joined as co-plaintiffs and leave was granted for consolidation of the case in the suit originally filed by the Kogi State Government through its Attorney General.

The 15 other states that were joined in the suit marked: SC/CV/178/2023 are Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River and Niger.

 Counsels representing the respective states in the matter made their submissions while majority sought to be joined as co-plaintiffs, two of the states prayed for an order for consolidation of the case.

Counsel for Kogi State, Abdulwahab Mohammed noted that there were states that have 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.

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-plaintiffs 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 and adjourned the matter till October 22 for hearing.

All 16 states in the suit in their reliefs argued that the nation’s  constitution is the supreme law and any law that is inconsistent with it is a nullity.

The plaintiffs argued that the Supreme Court, in Dr. Joseph Nwobike Vs Federal Republic of Nigeria, had held that it was a United Nation 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.

They argued that in bringing a convention into the Nigerian law, the provision of Section 12 ought to be complied with.

The constitution  had recommended that the majority of the states’ Houses of Assembly should agree to bringing 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 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 established should be regarded as an illegal institution.

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, the state raised six questions for determination and sought nine reliefs.

Among the reliefs sought are, ‘A declaration that the Federal Government of Nigeria through the Nigerian Financial Intelligence Unit or any agency of the Federal Government lacks the power to issue any directive, guideline, advisory or any instrument, howsoever called for the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogi State.

A declaration that the EFCC, the NFIU, or any agency of the Federal Government of Nigeria cannot investigate, requisition documents, invite and or arrest anyone with respect to offences arising from or touching on the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area in Kogi State’ -Team@orientactualmags.com  Do you have any information you wish to share with us? Do you want us to cover your event or programme? Kindly send SMS to 08059100286, 09094171980 or get in touch via orientactualmag@gmail.com.  Thank you