Supreme Court reserves judgment in 19 states’ suit challenging EFCC’ legality

More states joined as plaintiffs while others exited during Tuesday’s hearing of the suit against the establishment of the EFCC.

The Supreme Court, on Tuesday, reserved judgment in the suit filed by 19 states challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC).

The court is to communicate a date for judgment to all parties.

The plaintiffs, in the suit marked: SC/CV/178/2023, anchored their claims on the Supreme Court’s precedent in Dr Joseph Nwobike Vs Federal Republic of Nigeria, arguing that it was the 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 Nigerian constitution was not followed.

They argued that in bringing a convention into the Nigerian law, the provision of Section 12 must be complied with.

According to them, the provision of the constitution requires the majority of the states’ Houses of Assembly to agree to bringing the convention in before passing the EFCC Act and others, which was allegedly never done.

The argument of the states in their suit, which they had reportedly been corroborated by the Supreme Court in the previous case mentioned, is 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.

Therefore, they argued that any institution so formed should be regarded as an illegal institution.

Tuesday’s hearing

At the resumed hearing on Tuesday, two states – Imo and Bauchi – joined the suit as co-plaintiffs while Osun State sought a consolidation of the suit.

In another development, three states – Anambra, Ebonyi and Adamawa – announced their decisions to withdraw their suits.

The Attorney-General of the Federation, Lateef Fagbemi, a Senior Advocate of Nigeria (SAN), sued in the case by the states, was present in court.

Mohammed Abdulwahab, a SAN, who appeared for the 1st plaintiff (Kogi Attorney-General), urged the court to grant the prayers.

“The crux of our suit is the decision of this court. The counsel that represented the appellant in that suit by the rules of this Court Order 4, will be called to address this court.

“He participated in the bill that birthed the EFCC and ICPC together,” he said.

The presiding justice, Ms Uwani Abba-Aji, asked who the counsel was and Mr Abdulwahab replied: “Chief Kanu Agabi, SAN.”

Mr Agabi is a former AGF, whose office oversaw the establishment of the EFCC during the administration of then President Olusegun Obasanjo in the early 2000s.

Mr Abdulwahab said Mr Agabi had told “this court that it was the Convention of the UN that reduced this into law. Section 12, that provision, was never followed.

“This fact was not an issue with the case of AG Ondo Vs AG Federation. So, there is a specific provision for bringing a convention in. You cannot just be talking about Items 7 of 8.

“We are also challenging the foundation of those laws that created NIFU, EFCC, etc. in order not to create a constitutional crisis.

“We urge you to allow our appeal and award heavy cost in favour of the plaintiffs on record,” the counsel said.

Faggbemi reacts

Responding, Mr Fagbemi contended that the case of AG Ondo v. AG Federation and other decisions had already settled all the issues raised in the plaintiffs’ case and that the Supreme Court could not depart from those decisions.

He therefore prayed that the suit be dismissed.

When the suit in AG Ekiti State Vs AGF was called, no lawyer appeared

Counsel for the defendant, the AGF, T. A Gazali, a SAN, told the court that the state was not represented at the last sitting and was also not in court on Tuesday.

“We apply that the matter be struck out for want of diligent prosecution my lord,” Mr Gazali prayed, and the application was granted.

In the suit filed by the Attorney General of Osun against the AGF, the state’s Attorney-General, Oluwole Jimi-Bada, a SAN, who was in court, informed the court of their application for consolidation of their suit with that of Kogi.

Also, Nasarawa State Attorney-General, S.M. Labaran, told the court of their intention to consolidate the suit.

In the same vein, the Attorney-General of Ogun State, represented by Omotayo Olatunbosun, said though they sought a consolidation of the case, he prayed that their case wound be bound by the decision in suit number: SC/CV/178/2024 between AG of Kogi Vs AGF.

Ms Abba-Aji, in the ruling, reserved judgment in the Kogi State’s suit and ruled that all the three suits filed by Osun, Nasarawa and Ogun states seeking consolidation shall abide with arguments in the original suit filed by Kogi.

On Tuesday, the number of states challenging the constitutionality of the EFCC and others had climbed to 19, including Kogi, despite the withdrawal of three states.

The states are Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun, and Taraba.

(NAN)