The Supreme Court has scheduled a hearing on October 22nd for the lawsuit brought forward by 16 state governments challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and two other laws.
A seven-member panel of justices, led by Justice Uwani Abba-Aji, set the date after the states were included as co-plaintiffs and permission was granted to consolidate the case with the original suit filed by the Kogi Government through its Attorney General (AG).
The states joining the suit, marked 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 argue that any law inconsistent with the Constitution is invalid, and they rely on the fact that the Constitution is the supreme law. They claim that the provision of Section 12 of the 1999 Constitution, as amended, was not followed when enacting the EFCC Establishment Act in 2004.
The states argue that the majority of the states’ Houses of Assembly must agree to bring the convention in before passing the EFCC Act and others, which they allege was never done. They contend that any institution formed without following this provision should be considered illegal.
During the hearing, the lawyers representing the states made their submissions. The majority sought to be joined as co-plaintiffs, while two states requested consolidation of the case.
The Kogi AG’s counsel, Abdulwahab Mohammed, SAN, informed the court that about 13 states wanted to be co-plaintiffs, while only two wanted consolidation. He suggested that those seeking to be joined as co-plaintiffs should be joined and abide by the processes already filed, and those seeking consolidation should be asked to file within seven days.
After the lawyers’ submissions, Justice Abba-Aji granted their prayers and adjourned the matter until October 22 for a hearing.
In the lawsuit, the Kogi State AG sued the Attorney-General of the Federation (AGF) as the sole defendant. The Kogi government raised six questions for determination and sought nine reliefs, including declarations regarding the power of the federal government and its agencies to administer and manage funds belonging to the state.
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