Attorney-General of the Federation (AGF) Lateef Fagbemi (SAN) has criticized a suit filed by 19 states challenging the constitutionality of anti-corruption laws. The Supreme Court reserved judgment in the suit, and the AGF argued that the National Assembly validly enacted the laws establishing the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and the Nigerian Financial Intelligence Unit (NFIU). The AGF urged the Supreme Court to dismiss the suit, as issues raised by the plaintiffs had already been resolved by appellate courts.
Fagbemi also argued that the Supreme Court lacked jurisdiction to hear the case, as the plaintiffs’ grievances were what only the Federal High Court could adjudicate on. He argued that the complaints of the plaintiffs are against the Federal Government of Nigeria and its anti-corruption agencies, but not against the Federal Republic of Nigeria to warrant the invocation of the apex court’s jurisdiction.
In a counter affidavit deposed to an official of the Federal Ministry of Justice, the AGF, who is the sole defendant, stated that all facts deposed to the plaintiffs in the affidavit in support of the amended originating summons are false, misleading, and do not reflect the correct position in relation to the subject matter of this suit. The AGF stated that the EFCC Act, ICPC Act, and NFIU Act are enforceable against any person in Nigeria, including officials of the plaintiffs and those of Local Government Councils.
The AGF also stated that the investigation to expose the commission of economic crime by EFCC, ICPC, and the NFIU is not an interference with the powers of the plaintiffs’ government or the state House of Assembly.
The Court of Appeal has determined the powers of the National Federation of Nigerian Union (NFIU) to issue Guidelines affecting states, following a suit initiated by the plaintiffs and other states of the Federation. The suit challenged similar Guidelines before the Federal High Court in suit No: FHC/ABJ/CS/563/2019, which was lost. The Court of Appeal affirmed the decision of the trial Federal High Court against all plaintiffs, including the current plaintiffs who have not appealed further.
The NFIU Guidelines were issued to financial institutions for compliance, with references to government and public officials for their attention. The plaintiffs’ claims are not in conformity with the principles behind the guidelines initiated by the NFIU aimed at curbing corruption and the menace of Money Laundering/Terrorism Financing in Nigeria and bringing more transparency in every sector of the Nigerian economy in line with global best practices.
The Supreme Court reserved judgment on the suit by 19 states, including Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun, and Taraba. The suit, numbered SC/CV/178/2023, was originally filed by the Kogi State Attorney-General.
A seven-member panel of the Supreme Court, presided over by Justice Uwani Abba-Aji, adjudicated on the case. Kogi’s lawyer, Mohammed Abdulwahab (SAN), argued that the crux of the case was the Supreme Court decision in the case of Dr. Joseph Nwobike vs the Federal Republic of Nigeria. The states contended that the Supreme Court had held that it was a United Nations Convention against corruption that was reduced into the EFCC Establishment Act and that the provision of Section 12 of the 1999 Constitution was not followed.
They claimed that in accordance with the Constitution’s provisions, the EFCC Act could not be applied to states that had never ratified it.
The states argued that any organization established in accordance with the UN Convention that does not adhere to Section 12 of the Constitution ought to be considered unlawful.
In the lawsuit that Kogi State initially brought, two reliefs are
A statement stating that the Federal Government of Nigeria, through the NFIU or any of its agencies, is not authorized to issue any directives, guidelines, recommendations, or other instruments that are necessary for the management and administration of funds that belong to Kogi State, Nigeria, or any of its Local Government Areas.
A ruling that states that the Federal Government of Nigeria, the EFCC, the NFIU, or any of its agencies are not permitted to look into, request documents, invite, or detain anyone in connection with offenses involving the administration and management of funds that belong to Kogi State, Nigeria, or any of its local government areas.
When the case was heard on October 8, there were sixteen states.
After Anambra, Adamawa, and Ebonyi withdrew, leaving 19 states, more states joined as plaintiffs.
