October 08, (THEWILL) – Sixteen States in Nigeria including Kogi, have dragged the Federal government to the Supreme Court, challenging the laws establishing Nigeria’s three anti-graft agencies, notably the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Nigerian Financial Intelligence Unit (NFIU).
Marked SC/CV/178/2023, the suit originally filed by the Kogi Government through its Attorney General, has other plaintiffs including Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger.
A seven-member panel of justices, headed by Justice Uwani Abba-Aji, on Tuesday, adjourned until October 22, for hearing the suit after other states were allowed to join as co-plaintiffs.
Contesting the constitutionality of the legislation that created the EFCC and other anti-corruption agencies, the states expressed their belief that the constitution stands as the highest authority, asserting that any law that contradicts is rendered void.
Citing the case of Dr Joseph Nwobike and the Federal Republic of Nigeria, they contended that the Supreme Court had determined that a United Nations Convention against corruption was incorporated into the EFCC Establishment Act.
The plaintiffs further argued that when the EFCC Act was enacted in 2004, the provisions outlined in Section 12 of the amended 1999 Constitution which requires a majority of the state Houses of Assembly to consent to the Act as well as other legislations, were not adhered to.
They, therefore, argued that the Act, as established, cannot be enforced in states that did not give their consent, in line with the provisions of the constitution.
