In a petition filed by at least sixteen state governments challenging the legality of the legislation establishing the Economic and Financial Crimes Commission (EFCC) and two other organizations, the Supreme Court has set a hearing for October 22. The plaintiffs contend that any legislation that contradicts the Constitution is unconstitutional since it is the supreme law. They assert that when the law was passed in 2004, it did not comply with the 1999 Constitution’s modified Section 12 and that the Supreme Court had decided in Dr. Joseph Nwobike v. Federal Republic of Nigeria that the EFCC Establishment Act was a violation of a UN Convention against corruption.
The plaintiffs are seeking a declaration that the EFCC, along with the other organizations in question, should be dissolved due to their unconstitutional nature. They argue that the establishment of these organizations undermines the rule of law and the principles of democracy in Nigeria.
The states contend that, in compliance with the provisions of the Nigerian constitution, the bill as enacted could not be applied to states that never approved of it. They contend that since the Supreme Court upheld this argument in the aforementioned case, any organization founded in this manner should be deemed illegal.
Attorneys representing the states delivered their arguments during the case call on Tuesday. The majority sought to be joined as co-plaintiffs, while two of the states prayed for an order for consolidation of the case. Justice Abba-Aji granted their prayers and adjourned the matter until Oct. 22 for a hearing.
The Attorney-General of the Federation (AGF) was the only defendant in the lawsuit, filed by the Kogi State AG. The state requested nine reliefs and posed six questions for decision-making. The government also requested a ruling that the Nigerian Financial Intelligence Unit (NFIU), a division of the federal government, lacks the authority to issue directives, guidelines, advisory documents, or other documents pertaining to the management and administration of state finances.
