The Supreme Court , on Tuesday, reserved its judgment in a suit by 19 states, challenging the legality of the Economic and Financial Crimes Commission (EFCC, Independent Corrupt Practices and Other Related Offences Commission (ICPC), Nigerian Financial Intelligence Unit (NFIU) and other anti-graft agencies.
The seven-member panel of Justices of the Supreme Court (JSCs) led by Justice Uwani Abba-Aji, deferred judgment to a date that will be communicated to the parties after hearing arguments on Tuesday.
The case, marked SC/CV/178/2023, was initially brought by the Kogi State Government and later joined by 18 other states, challenging the constitutionality of the EFCC and other anti-graft agencies’ establishment.
The original plaintiffs included Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Anambra, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Adamawa, Taraba, Ebonyi, and Imo states. However, Anambra and Adamawa, while Ebonyi later opted out from the case.
The Kogi State Attorney- General and Commissioner for Justice, Abdulwahab Mohammed (SAN), had argued that there is no explicit provision in the 1999 Constitution (as amended) for the creation of the EFCC, claiming that the anti-graft agency was sequel from a recommendation of a United Nations convention.
He said, “We are challenging them because they are proceeds of a convention and not well founded, not on basis of their action”.
“We urge your Lordship to allow this suit and award any cost in favour of the plantiffs on record”, he added.
But the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), countered the claims of the states governments and contended that the EFCC and other anti-graft agencies were not established solely on the recommendation of the UN convention.
The Chief Law Officer for the country also cited Section 15(5) of the 1999 Constitution, which states that “the State shall abolish all corrupt practices and abuse of power,” insisting that this provision provides the legal basis for the EFCC’s existence.
AGF Fagbemi further urged the apex court to dismiss the application in its entirety, saying that a ruling in favour of the states governments could create the impression that the Supreme Court opposes anti-corruption efforts.
Some of the reliefs sought by the plaintiffs include a declaration that the Federal Government of Nigeria, through the Nigerian Financial Intelligence Unit (NFIU) or any federal agency, lacks the authority to issue directives, guidelines, or advisories regarding the administration and management of funds belonging to the states governments or any of their local government areas.
The plaintiffs also seek a declaration that the EFCC, ICPC, the NFIU, or any other federal agency has no power to investigate, request documents, invite individuals, or make arrests concerning offences related to the management of funds belonging to Kogi State or its local government areas.
Following the conclusion of arguments, the Supreme Court reserved its judgment on the matter to date will be announced in due course.
