Supreme court reserves judgment in 19 states’ suit challenging EFCC, others

The Supreme Court, on Tuesday, postponed its ruling on a lawsuit brought by 19 states contesting the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and two other agencies.

The judgment date will be communicated to the parties at a later time.

The states, in case SC/CV/178/2023, argue that the Supreme Court’s decision in Dr. Joseph Nwobike v. Federal Republic of Nigeria held that the EFCC Establishment Act was derived from a United Nations Convention against corruption. They claim that when the law was enacted in 2004, Section 12 of the 1999 Constitution (as amended), which requires the approval of a majority of state legislatures before international conventions are incorporated into domestic law, was not followed.

The plaintiffs argue that without this constitutional compliance, the EFCC Act and similar laws could not be applied to states that did not approve it. Therefore, they assert that institutions formed under such laws are illegal.

During Tuesday’s proceedings, Imo, Bauchi, and Osun states joined the suit, while Anambra, Ebonyi, and Adamawa states withdrew their claims.

Attorney-General of the Federation, Lateef Fagbemi (SAN), representing the defendant, requested the court’s permission to file a response, which was granted by Justice Uwani Abba-Aji.

Mohammed Abdulwahab (SAN), representing the first plaintiff, pointed out discrepancies in the processes filed by the Attorney-General’s office and requested permission to submit amended responses. He urged the court to uphold the reliefs sought by the plaintiffs, citing previous rulings and emphasizing that the EFCC Act’s foundation was flawed for not following constitutional procedures.

Fagbemi (SAN), however, argued that prior decisions, such as AG Ondo v. AG Federation, had already addressed the issues raised by the plaintiffs and asked the court to dismiss the suit.

In a separate matter, the Attorney-General of Osun State, Oluwole Jimi-Bada (SAN), sought to consolidate Osun’s case with Kogi State’s, but the court noted that consolidation was unnecessary as judgment had already been reserved.

The final ruling in the case will apply to Ogun, Nasarawa, and Osun states, which had earlier requested consolidation with Kogi State’s case.

The 19 states challenging the EFCC Act’s constitutionality are Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun, and Taraba.