The Supreme Court of Nigeria has set October 22 for the hearing of a case filed by 16 state governments challenging the legality of the Economic and Financial Crimes Commission.
The governors are arguing that the EFCC was established without following proper constitutional procedures.
The case was initially filed by the Kogi State Government, with more states such as Ondo, Edo, Oyo, and others joining as co-plaintiffs. The states argue that the EFCC’s establishment law violates the 1999 Constitution, as it was not approved by a majority of the state Houses of Assembly.
The states’ lawyers pointed to a previous Supreme Court ruling, in Dr. Joseph Nwobike Vs Federal Republic of Nigeria, where the court held that the EFCC law was based on a United Nations convention. They argued that this convention was brought into Nigerian law without following Section 12 of the Constitution, which requires approval from state legislatures.
One of the lawyers representing the states, Abdulwahab Mohammed, SAN, 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.”
The Supreme Court, led by Justice Uwani Abba-Aji, granted the states’ requests, allowing them to join the case as co-plaintiffs or seek consolidation. The matter was adjourned for hearing on October 22.
Kogi State’s Attorney General, through its legal team led by Prof. Musa Yakubu, SAN, had raised six questions for the court to determine, including whether the EFCC and other federal agencies have the authority to manage or investigate state funds.
The suit seeks to prevent the EFCC and the Nigerian Financial Intelligence Unit from investigating or interfering in state financial matters.
