The Supreme Court has fixed 22 October to hear the 16 State Governors versus  Economic and Financial Crimes Commission, EFCC  suit


The suit challenging the constitutionality of the laws establishing the EFCC and the Nigerian Financial Intelligence Unit, NFIU was  instituted by the Kogi State Government and 15 other States including Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River and Niger 


A seven-man panel of justices, led by Justice Uwani Abba-Aji  fixed the date yesterday for hearing after the States were joined as co-plaintiffs and leave granted for consolidation of the case in the suit marked: SC/CV/178/2023, originally filed by the Kogi State Government through its Attorney General (AG)


All 16 States in the suit in their reliefs contended that the Constitution is the supreme law and any law that is inconsistent with it is a nullity.


The plaintiffs argued that the Supreme Court, in Dr. Joseph Nwobike vs Federal Republic of Nigeria, had held that it was a United Nation Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.


They argued that in bringing a convention into the Nigerian law, the provision of Section 12 must be complied with.


According to plaintiffs, the provision of the Constitution necessitated the majority of the states’ Houses of Assembly agreeing to bringing the convention in before passing the EFCC Act and others, which was allegedly never done.


The argument of the States in their present suit, which had reportedly been corroborated by the Supreme Court in the previous case mentioned, is that the law, as enacted, could not be applied to States that never approved of it, in accordance with the provisions of the Nigerian constitution.


Hence, they argued that any institution so formed should be regarded as an illegal institution.


The Kogi State AG had sued the Attorney-General of the Federation (AGF) as sole defendant.


In the originating summons filed by a team of lawyers led by Prof .Musa Yakubu, the State raised six questions for determination and sought nine reliefs.


Among the reliefs sought are, “A declaration that the Federal Government of Nigeria through the NFIU or any agency of the Federal Government lacks the power to issue any directive, guideline, advisory or any instrument, howsoever called for the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogi State.


“A declaration that the EFCC, the NFIU, or any agency of the Federal Government of Nigeria cannot investigate, requisition documents, invite and or arrest anyone with respect to offences arising from or touching on the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogi State”.