Ondo, Edo, Enugu, 13 other states want Supreme Court declare EFCC illegal
Sixteen state governments are challenging the constitutionality of the EFCC and federal oversight in Nigeria's Supreme Court. Key arguments center on state rights and the EFCC Act's compliance with the 1999 Constitution.
On October 22, the Supreme Court will convene to hear a groundbreaking case brought by sixteen state governments, challenging the constitutional foundation of the Economic and Financial Crimes Commission (EFCC) and two other federal bodies. The case, which originated from a lawsuit by the Attorney General of Kogi State, has now expanded as multiple states join forces, raising fundamental questions about the legality of these institutions under Nigerian law.
Led by Justice Uwani Abba-Aji, a seven-member panel granted the states permission to consolidate their cases and join as co-plaintiffs, streamlining what promises to be a significant legal battle. The states involved, including Ondo, Edo, Oyo, and Sokoto, argue that the EFCC Establishment Act, passed in 2004, violates the 1999 Constitution, which designates the constitution as the supreme law of the land.
Central to their argument is the claim that the EFCC Act unlawfully incorporated the UN Convention against Corruption without securing the necessary approval from the majority of state Houses of Assembly, as required by Section 12 of the Constitution. The plaintiffs insist that without this crucial step, the law is void in states that did not give their consent, undermining the federal government's ability to apply the EFCC’s authority uniformly across the country.
Citing the precedent set in *Joseph Nwobike v. Federal Republic of Nigeria*, the states maintain that any statute conflicting with the Constitution is invalid. At the heart of Kogi State's claim is the demand for a court ruling that federal bodies like the NFIU and EFCC have no jurisdiction over state financial matters. Kogi's Attorney General is seeking nine specific declarations, including that the NFIU cannot impose directives concerning Kogi’s financial management.
The stakes are high as the case advances, with broad implications for federalism in Nigeria and the delicate balance of power between state and federal authorities.
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