Supreme Court Reserves Judgement in Govs’ Suit Challenging EFCC’s Legal Stand

In a recent hearing at the Supreme Court in Abuja, a seven-member panel led by Justice Uwani Aba-Aji reserved its judgment on a significant lawsuit questioning the constitutionality of laws governing the Economic and Financial Crimes Commission (EFCC) and two other anti-corruption agencies. This case, originally filed by the Attorney-General of Kogi State, has now expanded to include 19 states that find themselves in opposition to these laws, despite the withdrawal of Anambra, Adamawa, and Ebonyi States as co-plaintiffs.

During the session, the court deferred its decision and indicated that a future date for the judgment would be communicated to the involved parties. The plaintiffs argue that the establishment of the EFCC was not conducted in accordance with the stipulations set forth in Section 12 of the 1999 Constitution. This section requires that the majority of state houses of assembly ratify international conventions before they can be incorporated into Nigerian law—a requirement which they believe was overlooked during the enactment of the EFCC Establishment Act in 2004.

The plaintiffs base their argument on a previous Supreme Court decision regarding Dr. Joseph Nwobike versus the Federal Republic of Nigeria, where it was concluded that failure to comply with Section 12 renders any resulting institution, in this case, the EFCC, illegal within states that did not approve of it.

In court yesterday, the Attorney-General of the Federation, Lateef Fagbemi, sought the court’s permission to proceed with newly filed processes that addressed the latest developments in the case. This request was granted, as the court noted changes from previously submitted documents. Mohammed Abdulwahab, representing the first plaintiff, pointed out the differences between the amended processes filed by the Attorney-General and the original documents, necessitating his client’s refiling.

As the proceedings continue, the number of states challenging the constitutionality of the EFCC has risen to 19, including notable states such as Kebbi, Sokoto, and Oyo. The court stated that its forthcoming ruling would also apply to Ogun, Nasarawa, and Osun States, which sought to combine their cases with Kogi State’s suit against the Attorney-General of the Federation.