Ogun State Attorney-General and Commissioner for Justice, Mr. Oluwasina Ogungbade, SAN, has publicly corrected ongoing media reports suggesting that Ogun State is challenging the constitutionality of the Economic and Financial Crimes Commission, EFCC, at the Supreme Court.
In a statement on Monday, Ogungbade emphasized that the state has never filed any lawsuit questioning the EFCC’s legal standing, nor joined other states in the case initiated by Kogi State. He expressed surprise that some media outlets continue to incorrectly report that Ogun is part of the case, despite previous clarifications.
“We have no dispute with the EFCC’s legality,” Ogungbade reiterated. “Ogun State respects the right of other states to approach the court. However, our case, SC/CV/912/2024, is solely focused on challenging the NFIU’s Guidelines and Advisory issued in January 2023, which we believe adversely impacts the economic interests of our state and local governments,” he added.
Previously, Ogun’s Special Adviser on Media and Strategy, Kayode Akinmade, noted that the Supreme Court has already affirmed the constitutionality of the EFCC and the Independent Corrupt Practices Commission, closing the matter. Akinmade emphasized that Ogun State has no intent to reopen it, preferring instead to support the Federal Government’s law enforcement efforts.
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The Attorney-General further explained that public court records confirm Ogun’s position, encouraging media outlets to ensure accurate reporting going forward.
Credible News recalls that the suit, originally filed by 16 states, questions the legality of the EFCC’s operations, arguing that the anti-graft agency was not properly established under Nigeria’s constitutional framework. The plaintiffs assert that section 12 of the 1999 Constitution was not followed when the EFCC was created in 2002, contending that majority approval from state Houses of Assembly was required.
The states argue that the EFCC’s establishment did not comply with this requirement, making it unconstitutional for the agency to operate within states that had not consented to its creation. They also assert that, based on a prior Supreme Court ruling, the EFCC was founded on a United Nations convention that was improperly translated into Nigerian law without adhering to constitutional guidelines. Kogi State is also seeking multiple declarations from the court, including one that bars the EFCC and other federal agencies from investigating or managing the state’s funds.
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