The Supreme Court has fixed October 22 for the hearing of a suit filed by 16 state governments challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and two others.
A seven-man panel of justice, led by Justice Uwani Abba-Aji, fixed the date after the states were joined as co-plaintiffs and leave granted for consolidation of the case in the suit originally filed by the Kogi State Government through its Attorney General.
The states that joined in the suit include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River and Niger.
The 16 states are relying on the fact that the Constitution is the supreme law and that any law that is inconsistent with it is null and void.
The plaintiffs argued that the Supreme Court, in Dr. Joseph Nwobike Vs Federal Republic of Nigeria, had held that it was a UN Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.
They argue that the provision of Section 12 must be complied with in bringing a convention into Nigerian law.
According to them, based on the Constitution’s provision, the majority of the state Houses of Assembly needed to agree to bring the convention in before passing the EFCC Act and others, but that was allegedly never done.
The states argued in their suit that the law, as enacted, could not be applied to states that never approved of it, in accordance with the provisions of the Nigerian constitution.
Hence, they argued that any institution so formed should be regarded as illegal.
When the case was called, the majority sought to be joined as co-plaintiffs, while two states prayed for an order for consolidation of the case.
Counsel to Kogi State Government and Attorney General, Abdulwahab Mohammed, informed the court that there were states that indicated interest in consolidation of the case and those seeking to be joined as co-plaintiffs.
“It is for this honourable court to tell us how to proceed my lord. Out of about 15 states, there are about 13 of them that have indicated interest to be co-plaintiffs and only two want consolidation.
“To make the task of the court easier, those who want to be joined as co-plaintiff should be joined and abide by the processes already filed and those who sought consolidation should be asked to file within seven days,” Mohammed said.
After the lawyers’ submissions, Justice Abba-Aji granted their prayers.
She adjourned the matter until October 22 for hearing.
The Kogi State AG sued the Attorney-General of the Federation (AGF) as the sole defendant.
In the originating summons filed by a team of lawyers led by Professor Musa Yakubu, SAN, the state raised six questions for determination and sought nine reliefs.
Among the reliefs sought are “A declaration that the Federal Government of Nigeria through the Nigerian Financial Intelligence Unit (NFIU) or any agency of the Federal Government lacks the power to issue any directive, guideline, advisory or any instrument howsoever called for the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogi State.
“A declaration that the Economic and Financial Crimes Commission (EFCC), the Nigerian Financial Intelligence Unit (NFIU), or any agency of the Federal Government of Nigeria cannot investigate, requisition documents, invite and or arrest anyone with respect to offences arising from or touching on the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogi State.”
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