The Supreme Court has scheduled a hearing for October 22 to address a lawsuit filed by 16 Nigerian state governments challenging the legality of the Economic and Financial Crimes Commission (EFCC). The case, originally filed by the Kogi State government and later joined by 15 other states, questions the constitutionality of the laws that established the EFCC.
A seven-man panel of Justices, led by Justice Uwani Abba-Aji, granted the consolidation of the case after the states requested to be co-plaintiffs. The states joining Kogi in the suit include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger.
Representing Kogi State, Senior Advocate of Nigeria (SAN) Abdulwahab Mohammed explained that most of the states requested to be co-plaintiffs, while two sought to consolidate the case. Justice Abba-Aji granted these requests and scheduled the hearing for October 22.
The plaintiffs argue that the establishment of the EFCC violated constitutional provisions, specifically requiring the majority approval of state Houses of Assembly before passing the EFCC Act. The states contend that since this approval was not obtained, the EFCC should be considered unconstitutional.
Kogi State, the original plaintiff, also seeks a declaration that federal agencies like the EFCC and the Nigerian Financial Intelligence Unit (NFIU) lack the authority to issue directives or investigate funds belonging to the state or its local government areas. This lawsuit coincides with the EFCC’s ongoing efforts to prosecute Kogi’s former governor, Yahaya Bello, for alleged financial misconduct involving N110 billion.
In response to the EFCC’s actions, Kogi passed a bill establishing its own state anti-graft agency, which Governor Usman Ododo quickly signed into law. The state lawmakers emphasized that this new agency is not intended to rival the EFCC or the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
