The Supreme Court has scheduled October 22 for the hearing of a landmark case challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and two other federal agencies.
At least 16 state governments have joined the suit, which was initially filed by the Kogi State Government, raising serious legal questions about the legitimacy of these institutions under Nigerian law.
A seven-member panel, led by Justice Uwani Abba-Aji, fixed the hearing date after granting the states’ request to join the case as co-plaintiffs and allowed for the consolidation of the suit.
The 16 states — including Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger — argue that the laws establishing the EFCC violate the Nigerian Constitution.
According to the plaintiffs, any law inconsistent with the Constitution is a nullity, and they claim the EFCC Establishment Act did not follow the constitutional process for ratifying international conventions, such as the United Nations Convention against Corruption, which it was based on.
Citing a previous Supreme Court judgment in the case of Joseph Nwobike v. Federal Republic of Nigeria, the states argue that Section 12 of the 1999 Constitution requires a majority of state legislatures to approve such laws before they can be applied across the country.
As this constitutional requirement was allegedly not met, the plaintiffs contend that the EFCC Act is not binding on states that did not consent to it, rendering the agency’s actions illegal within their jurisdictions.
During Tuesday’s proceedings, several state representatives sought to join as co-plaintiffs, while two states requested the consolidation of the case. The court granted both requests, with Justice Abba-Aji allowing those seeking consolidation seven days to file their processes.
The Kogi State Government, which originally filed the suit, is also challenging the authority of the Nigerian Financial Intelligence Unit (NFIU) to manage state funds or issue directives related to them.
The state is seeking nine reliefs from the court, including a declaration that the EFCC and NFIU lack the power to investigate or arrest state officials over the management of state finances.
This case is set to test the boundaries of federal authority over state governments and could have significant implications for Nigeria’s legal and financial landscape.
The Supreme Court’s decision on October 22 is highly anticipated, as it could redefine the powers of federal institutions like the EFCC in relation to state governance.