The Supreme Court of Nigeria on Tuesday reserved judgment in a case filed by 16 state governments challenging the constitutionality of the law that established the Economic and Financial Crimes Commission (EFCC) and two other agencies.
In the suit, marked SC/CV/178/2023, the plaintiffs contended that the Supreme Court, in a previous ruling (Dr Joseph Nwobike Vs Federal Republic of Nigeria), affirmed that the EFCC Establishment Act was derived from a UN Convention against corruption.
They argued that the enactment of this law in 2004 did not comply with Section 12 of the 1999 Constitution, which requires majority approval from state Houses of Assembly for the implementation of international conventions into Nigerian law.
The plaintiffs maintain that this constitutional provision was not followed, rendering the law applicable only to states that had approved it, which they claim was never done.
As a result, they argue that any institutions formed under this law should be considered illegal.
During Tuesday's hearing, 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, requested the court’s permission to address newly filed processes.
Justice Uwani Abba-Aji granted this request, allowing the defendant to respond to the new issues raised.
Counsel for the plaintiffs, Mohammed Abdulwahab, SAN, highlighted discrepancies in the amended filings by the Attorney-General's office compared to the initial documents. He urged the court to grant all reliefs sought, emphasizing the foundation of the laws concerning the EFCC.
Fagbemi contended that previous Supreme Court rulings, including the case of AG Ondo Vs AG Federation, had already addressed the issues raised and requested that the suit be dismissed.
In another development, T.A. Gazali, SAN, representing an absent state, requested the case be struck out for lack of prosecution, which was granted.
Osun State’s Attorney-General, Oluwole Jimi-Bada, SAN, indicated an intention to consolidate their suit with that of Kogi State.
However, the judge noted that they were already part of the matter, making consolidation unnecessary.
Despite the withdrawal of three states, the suit now includes 19 states, confirming their challenge against the EFCC’s constitutionality.
The judgment affecting Kogi State will apply to Ogun, Nasarawa, and Osun states, which had previously sought consolidation.
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.
The court will later communicate the date for the reserved judgment.
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