October 22, (THEWILL) – The Supreme Court has reserved judgement in the suit seeking to declare the operations of the Economic and Financial Crimes Commission (EFCC) illegal.
A seven-member panel of the Court, led by Justice Uwani Abba-Aji, reserved the judgement on Tuesday, till a date to be communicated after parties in the suit adopted their final brief.
The suit was originally filed by the Kogi State government under suit number SC/CV/178/2023 and later joined by Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, Niger, Adamawa, Ebonyi and Taraba.
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 other legislations, were not adhered to.
Contending that the Act as established, cannot be enforced in States that did not give their consent, in line with the provisions of the constitution, they prayed the court to declare the Act establishing the EFCC illegal and unconstitutional.
Justice Abba-Aji, had on October 8, adjourned until October 22 for hearing the suit after other States were allowed to join as co-plaintiffs.
Meanwhile, upon resumption of proceedings on Tuesday, three states including Anambra, Adamawa and Ebonyi, announced their decisions to withdraw from the matter.
Addressing the court through their Attorney General (Anambra state, Prof. Sylvia Ifemeje, Adamawa state, Mr J. I. Jingi) and Ebonyi state through its counsel, Ikenna Nwidagu, said they have applied to withdraw from the suit.
This is as Osun State, through its Attorney-General, Oluwole Bada, applied to be allowed to consolidate its own grievance against the operations of the EFCC, with that of Kogi State.
Unposed by the Attorney-General of Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, who is the sole defendant in the matter, the apex court panel struck out Anambra, Adamawa and Ebonyi states as the 9th, 16th and 18th plaintiffs in the suit.
Meanwhile, on Tuesday, the AGF prayed the court to dismiss the case. In a preliminary objection and counter-affidavit filed on October 18, Fagbemi argued that contrary to the contention of the plaintiffs, the EFCC was validly established in line with the provision of section 15(5) of the 1999 Constitution, as amended.
He refuted the claim by Kogi stating that the EFCC Establishment Act was an offshoot of an international convention that was not properly domesticated in Nigeria.
“I urge my lords to dismiss this suit in its entirety, otherwise, tomorrow, what the people will go out to say is that the Supreme Court has said we should no longer fight corruption. Moreover, ruling in favour of the plaintiffs will have a far-reaching implication, especially on all the previous convictions”, he added.
