Supreme Court to Hear 16 State Govts’ Suit Challenging EFCC Act on Oct 22

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• The Supreme Court has scheduled October 22 to hear a case filed by 16 state governments challenging the constitutionality of the EFCC Act, originally initiated by Kogi State.
• The states argue that the EFCC Act is inconsistent with the Nigerian Constitution, particularly Section 12, which mandates state approval before enacting international conventions into law.
• The plaintiffs seek a declaration that federal agencies like the EFCC and NFIU cannot investigate or manage funds belonging to state or local governments without proper constitutional backing.

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Supreme Court to Hear 16 State Govts’ Suit Challenging EFCC Act on Oct 22

The Supreme Court has set October 22, 2024, for the hearing of a suit filed by 16 state governments challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and two other federal agencies. The case, originally filed by the Kogi State Government, was expanded as other states joined as co-plaintiffs.

Led by Justice Uwani Abba-Aji, a seven-member panel of justices granted leave for the consolidation of the case. The states involved include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger.

The plaintiffs argue that the EFCC Act, enacted in 2004, violated Section 12 of the 1999 Constitution. This section requires the approval of the majority of state Houses of Assembly for any international convention to be domesticated into Nigerian law. The states claim that this process was not followed when the United Nations Convention against Corruption was incorporated into the EFCC Act, rendering it unconstitutional.

The states argue that since their respective Houses of Assembly never approved the EFCC Act, the law should not apply to them, deeming the EFCC an illegal institution. They rely on a previous Court ruling in Dr. Joseph Nwobike vs. the Federal Republic of Nigeria, which highlighted the necessity of following constitutional procedures when adopting international conventions.

Kogi State, represented by its Attorney General (AG), is seeking multiple declarations, including that the Federal Government and its agencies like the EFCC and the Nigerian Financial Intelligence Unit (NFIU) lack the power to manage, direct, or investigate the administration of funds belonging to Kogi State and its local government areas.

During Tuesday’s session, legal representatives from the states presented their arguments, requesting to join as co-plaintiffs or seeking consolidation of the case. Justice Abba-Aji granted the motions, adjourning the matter for a hearing on October 22, 2024.

The suit, marked SC/CV/178/2023, could have significant implications for the role of federal agencies in state affairs if the Supreme Court sides with the state’s argument for local autonomy.