By Uche Onyeali
Supreme Court yesterday fixed October 22 for the hearing of a suit filed by no fewer than 16 state governments challenging the constitutionality of the law establishing the Economic and Financial Crimes Commission, EFCC, and two others.
A seven-man panel of justices led by Justice Uwani Abba-Aji fixed the date after the states were joined as co-plaintiffs and leave granted for consolidation of the case in the suit originally filed by the Kogi State government through its Attorney-General.
States that joined the suit marked SC/CV/178/2023, include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River and Niger.
The 16 states are relying on the fact that the constitution is the supreme law and any law that is inconsistent with it is a nullity.
The plaintiffs argued that the Supreme Court, in Dr Joseph Nwobike vs the Federal Republic of Nigeria, had held that it was a UN Convention against corruption that was reduced into the EFCC Establishment Act, and that in enacting this law in 2004, the provisions of Section 12 of the 1999 Constitution, as amended, was not followed.
The argument was that in bringing a convention into the Nigerian law, the provisions of Section 12 must be complied with.
The argument of the states in their present suit, which had reportedly been corroborated by the Supreme Court in a previous case, 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.
Hence, they argued that any institution so formed should be regarded as illegal.
When the case was called yesterday, lawyers who represented the states made their submissions.
While majority sought to be joined as co-plaintiffs, two of the states prayed for an order for consolidation of the case.
Counsel to the attorney-general of Kogi State, Abdulwahab Mohammed (SAN) informed the court that there are states that indicated interest in the consolidation of the case and those seeking to be joined as co-plaintiffs.
“It is for this honourable court to tell us how to proceed.
“Out of about 15 states, there are about 13 of them that have indicated interest to be co-plaintiffs and only two want consolidation.
“To make the task of the court easier, those who want to be be joined as co-plaintiffs should be joined and abide by the processes already filed and those who seek consolidation should be asked to file within seven days,” Mohammed said.
After the lawyers submissions, Justice Abba-Aji granted their prayers and adjourned the matter until October 22 for hearing.
Kogi State attorney-general had sued the Attorney-General of the Federation, AGF, as sole defendant.
In the originating summons filed by a team of lawyers led by Professor Musa Yakubu (SAN), the state raised six questions for determination and sought nine reliefs.
Among the reliefs sought is “a declaration that the Federal Government of Nigeria through the Nigerian Financial Intelligence Unit, NFIU, or any agency of the federal government lacks the power to issue any directive, guideline, advisory or any instrument howsoever called for the administration and management of funds belonging to Kogi State or any local government srea in the state.
