From Segun Ayinde, Abeokuta
Ogun State government yesterday dismissed reports that it is part of the states challenging the constitutionality of the Economic and Financial Crimes Commission, EFCC, at the Supreme Court .
It added that the issue it is contending in court relates to the Nigerian Financial Intelligence Unit’s, NFIU, Financial Guidelines, which it said unfairly limits the operations of states and local governments in the country.
This was contained in a statement signed by the Special Adviser to the governor on Media and Strategy, Kayode Akinmade.
According to the statement, the constitutionality of the EFCC and the Independent Corrupt Practices Commission, ICPC, had since been determined by the Supreme Court and Ogun State considers discussions on the issue closed.
It stated that it had no factual reason or recent development to reopen the question of EFCC’s constitutionality, adding that as a federating unit with law enforcement agencies of its own, it had no desire to undermine the federal government.
Providing clarification on the actual case filed by Ogun State in court, the statement said: “The case that Ogun State filed (SC/CV/912/2024) and the case that several states are party to (SC/CV/178/2023) litigate a very narrow issue that does not attack the constitutionality of the EFCC.
“Nigerians recall the obnoxious naira redesign policy, which was invalidated by the Supreme Court after Ogun State and other states successfully challenged the policy.
“A lesser-known fact is that around that time in January 2023, purporting to act under the Anti-Money Laundering Act, Proceeds of Crime Act and its enabling statute, the Nigerian Financial Intelligence Unit released a document and an advisory which, among other things, placed limits on cash withdrawals by state and local governments. Ogun State disagrees with these limits because they do not align with our view of the law and cause significant governance disruption.
“As such, the suit is targeted at invalidating NFIU’s Guidelines and Advisory, insofar as they interfere with the economic and governance interests of Ogun State and its local governments.
“Especially now that the Supreme Court has guaranteed local governments access to their funds, intrusive subsidiary legislation by unelected bureaucrats in the NFIU ought not to stand in the way of the justified free use of public funds.”
