The Supreme Court has reserved judgment in a pivotal suit brought by 19 states challenging the legality of the laws establishing the Economic and Financial Crimes Commission, EFCC, and related institutions.
The ruling, which will be communicated to the parties at a later date, is set to impact multiple states, including Imo, Bauchi, Ogun, Osun, and Taraba, while Anambra, Adamawa, and Ebonyi have withdrawn from the case.
The suit, numbered SC/CV/178/2023, argues that the EFCC Establishment Act, derived from a United Nations anti-corruption convention, was enacted without proper adherence to Section 12 of the 1999 Constitution, which requires the approval of state legislatures before such international conventions can be incorporated into Nigerian law.
The plaintiffs claim that the EFCC and other related institutions were improperly created, asserting that they lack jurisdiction over states that did not consent to the enactment of the law. They base their argument on a prior Supreme Court ruling in ‘Dr. Joseph Nwobike Vs Federal Republic of Nigeria’, where the court held that the EFCC law was linked to the UN Convention.
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At the hearing, the Attorney-General of the Federation AGF, Lateef Fagbemi, SAN, defended the federal government, stating that previous cases, such as ‘AG Ondo v. AG Federation’, had already settled the issues raised by the plaintiffs. He called for the dismissal of the suit.
Justice Uwani Abba-Aji granted the plaintiffs’ request to adopt their amended processes after striking out older filings. However, the judgment on the consolidated cases of Ogun, Nasarawa, Osun, and Kogi states will be applied in line with the broader ruling affecting all 19 states.
Counsel for the 1st Plaintiff, Mohammed Abdulwahab, SAN, argued that the EFCC and other institutions should be deemed unconstitutional due to their improper establishment, urging the court to grant the reliefs sought by the states. Meanwhile, Tijani Gazali, SAN, representing the AGF, argued for the dismissal of the case involving Ekiti State, which was not represented at the hearing.
The Supreme Court has yet to fix a date for the final ruling.
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