Supreme Court sets October 22 for 16 governors’ lawsuit seeking to declare EFCC illegal

The Supreme Court has scheduled October 22 for a hearing on a constitutional challenge brought by at least 16 state governments against the laws establishing the Economic and Financial Crimes Commission (EFCC) and two other federal institutions.

 The case, marked SC/CV/178/2023, originated from a suit filed by the Kogi State Government and has now expanded to include 15 other states as co-plaintiffs.

A seven-member panel, led by Justice Uwani Abba-Aji, fixed the hearing date after the states were allowed to join the suit and the court granted leave for case consolidation. The states involved include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger.

The states are arguing that the EFCC and related laws were enacted in violation of the Nigerian Constitution. Specifically, the plaintiffs contend that the EFCC Establishment Act passed in 2004, was based on a United Nations convention against corruption, but the constitutional requirement under Section 12—which mandates state legislature approval for such international conventions to become domestic law—was not followed.

In their arguments, the states cited a previous Supreme Court ruling in Dr Joseph Nwobike v. the Federal Republic of Nigeria, which held that a UN Convention was incorporated into Nigerian law through the EFCC Act without proper constitutional compliance. The states argue that without their approval, the EFCC Act cannot legally apply to them, rendering the anti-corruption body an unconstitutional entity in their jurisdictions.

During Tuesday’s proceedings, lawyers representing the states presented their submissions. While the majority of the states sought to be joined as co-plaintiffs, two requested case consolidation. Counsel for Kogi State, Abdulwahab Mohammed, SAN, explained the legal strategies to the court, proposing that the co-plaintiff states be joined and follow the existing legal processes, while the states seeking consolidation file their cases within seven days.

Justice Abba-Aji granted their requests and adjourned the case to October 22 for further hearings.

The Kogi State government, in its original suit, raised six key questions for determination and sought nine reliefs, including declarations that the EFCC and other federal agencies, such as the Nigerian Financial Intelligence Unit (NFIU), do not have the authority to manage or oversee state funds or investigate state financial administration. The outcome of this case could significantly reshape the powers of federal agencies over state governments in Nigeria.