Supreme Court Reserves Judgment As 19 States’ Challenge EFCC’s Legality

The Supreme Court has reserved judgment in a case filed by 19 states contesting the constitutionality of laws establishing the Economic and Financial Crimes Commission (EFCC) and two other agencies.

The court will communicate a date for its decision later.

The states, represented in the suit marked SC/CV/178/2023, argue that the Supreme Court previously ruled in the case of Dr. Joseph Nwobike Vs. Federal Republic of Nigeria that the EFCC Establishment Act was based on a UN Convention against corruption.

They claim that the enactment of this law in 2004 did not comply with Section 12 of the 1999 Constitution, which requires the majority of state Houses of Assembly to agree before such conventions can be incorporated into Nigerian law.

The plaintiffs contend that since the EFCC Act was not approved by all states, it cannot be applied to those that did not consent, rendering the commission illegal.

During Tuesday’s proceedings, Imo, Bauchi, and Osun states joined the suit as co-plaintiffs, while Anambra, Ebonyi, and Adamawa states withdrew their claims.

The Attorney-General of the Federation, Lateef Fagbemi, SAN, represented the defendants and requested the court’s permission to address recent filings.

Justice Uwani Abba-Aji allowed the new submissions, while Mohammed Abdulwahab, SAN, representing the plaintiffs, noted discrepancies in the amended documents filed by the Attorney-General.

He urged the court to grant all reliefs sought, emphasizing the significance of the court’s prior decisions.

Fagbemi responded by stating that existing Supreme Court rulings had already resolved the issues raised, urging the dismissal of the suit. He highlighted that some states were absent from the proceedings and requested that their cases be struck out for lack of representation.

Osun State’s Attorney-General, Oluwole Jimi-Bada, SAN, proposed consolidating their suit with Kogi State’s. However, the judge pointed out that they were already part of the case.

The Supreme Court has now reserved judgment, and the total number of states challenging the constitutionality of the EFCC and related laws has risen to 19, despite the withdrawal of three states.

The court ruled that the judgment for Kogi State will also apply to Ogun, Nasarawa, and Osun states, which sought consolidation earlier.

The states involved in the suit against the Attorney-General of the Federation include: Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun, and Taraba.