The Supreme Court to hear a lawsuit filed by 16 state governors who are contesting the Establishment Act of the Economic and Financial Crimes Commission (EFCC).
On Tuesday, the Supreme Court scheduled a hearing for October 22 regarding a lawsuit brought by a minimum of 16 state governments. This suit contests the constitutionality of the legislation that created the Economic and Financial Crimes Commission (EFCC) along with two other entities.
A seven-member panel of justices, headed by Justice Uwani Abba-Aji, has scheduled a date for the proceedings after the states were allowed to join as co-plaintiffs and permission was granted to consolidate the case. This follows the original lawsuit filed by the Kogi Government through its Attorney General.
A panel of seven justices, headed by Justice Uwani Abba-Aji, has scheduled a date following the inclusion of the states as co-plaintiffs and the approval for the consolidation of the case. This pertains to the lawsuit initially initiated by the Kogi Government through its Attorney General (AG).
The states that participated in the lawsuit, referenced as SC/CV/178/2023, include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger.
The 16 states expressed their belief that the constitution stands as the highest authority, asserting that any law that contradicts it is rendered void.
The plaintiffs contended that in the case of Dr. Joseph Nwobike vs. Federal Republic of Nigeria, the Supreme Court determined that a United Nations Convention against corruption was incorporated into the EFCC Establishment Act. They argued that when this law was enacted in 2004, the provisions outlined in Section 12 of the amended 1999 Constitution were not adhered to.
They argue that the Constitution requires a majority of the state Houses of Assembly to consent to convene before enacting the EFCC Act and similar legislation, a step that was allegedly never taken.
The states emphasize in their current lawsuit, supported by a previous Supreme Court ruling, that the law, as it was established, cannot be enforced in states that did not give their consent, in line with the stipulations of the constitution.
Kogi AG’s attorney, Abdulwahab Mohammed, SAN, notified the court that there were certain states expressing interest in consolidating the case, as well as others wishing to join as co-plaintiffs.
He said, “It is for this honourable court to tell us how to proceed my lord.
“Out of about 15 states, there are about 13 of them that have indicated interest to be co-plaintiffs and only two want consolidation.
“To make the task of the court easier, those who want to be joined as co-plaintiff should be joined and abide by the processes already filed and those who sought consolidation should be asked to file within seven days.”
