On October 22, the Supreme Court of Nigeria is set to hear a case brought forward by 16 state governments contesting the legality of the Economic and Financial Crimes Commission (EFCC). Led by Justice Uwani Abba-Aji, a seven-man panel of Justices has scheduled the hearing after granting leave for the consolidation of the case in the suit originally filed by the Kogi State government.
The 15 other states joined in the suit are Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger. During the proceedings, the counsel representing the various states in the matter made their submissions.
While most sought to be joined as co-plaintiffs, two of the states requested an order for consolidation of the case. Abdulwahab Mohammed (SAN), representing the Kogi State attorney general, informed the court that about 13 states have indicated interest in being co-plaintiffs, and only two want consolidation.
He suggested that those who want to be joined as co-plaintiffs should be joined and abide by the processes already filed, while 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 till October 22 for a hearing. All 16 states in the suit are contending that the formation of the EFCC breached constitutional provisions, arguing that the majority of the states’ Houses of Assembly did not agree before passing the EFCC Act and others, as required by the Constitution.
They are seeking various reliefs, including a declaration that the Federal Government lacks the power to issue any directive for the administration and management of funds belonging to Kogi State and that the EFCC cannot investigate, requisition documents, invite, or arrest anyone with respect to offenses arising from or touching on the administration and management of funds belonging to Kogi State.
This lawsuit comes amid the move by the EFCC to trial the immediate-past Kogi governor, Yahaya Bello, for an alleged N110bn fraud. In July, the Kogi State House of Assembly passed a bill for the creation of a state-owned anti-graft agency, which the state Governor, Usman Ododo, immediately signed into law. The lawmakers clarified that the state-owned anti-graft agency was not intended to rival the EFCC and the Independent Corrupt Practices and Other Related Offences Commission.