The Supreme Court has scheduled October 22, 2024, for a hearing in a case filed by 16 state governments, challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) and its establishment under Nigerian law.
The case was originally brought forward by the Kogi State government, with other states joining as co-plaintiffs.
The suit, marked SC/CV/178/2023, contends that the EFCC Establishment Act violates the Nigerian Constitution. The plaintiffs argue that when the EFCC Act was passed in 2004, it failed to adhere to the provisions of Section 12 of the 1999 Constitution, which requires majority approval from state Houses of Assembly before incorporating any international convention into Nigerian law.
The plaintiffs point to a prior Supreme Court ruling in Dr Joseph Nwobike Vs Federal Republic of Nigeria, which they claim supports their argument.
The states involved in the suit include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger. They argue that because their state assemblies did not approve the EFCC Act, the anti-corruption body should be considered an illegal institution within their territories.
During the hearing on Tuesday, the plaintiffs’ legal representatives made their submissions. Some states sought to be joined as co-plaintiffs, while others requested a consolidation of the cases.
Justice Uwani Abba-Aji, leading the seven-member panel, granted these requests and set the October 22 hearing date.
The suit, initiated by the Kogi Attorney General (AG), targets the Attorney-General of the Federation as the sole defendant.
The Kogi government seeks multiple declarations, including one that the EFCC, along with the Nigerian Financial Intelligence Unit (NFIU), lacks the authority to investigate or manage state funds.
This case could have significant implications for Nigeria’s anti-corruption framework, especially if the Supreme Court rules in favor of the states, potentially undermining the legal foundation of the EFCC.