The Supreme Court of Nigeria has set October 22, 2024, to hear a suit filed by 16 state governments challenging the legality of the Economic and Financial Crimes Commission (EFCC). The lawsuit, initiated by Kogi State and joined by 15 other states, contests the constitutionality of the EFCC’s establishment.
A seven-member panel of Justices, led by Justice Uwani Abba-Aji, fixed the hearing date after allowing the states to join as co-plaintiffs in the original suit filed by Kogi State’s Attorney General. The other states participating in the suit include Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger.
The suit (SC/CV/178/2023) challenges the formation of the EFCC, arguing that its creation breached constitutional provisions that require the agreement of a majority of the states’ Houses of Assembly before such laws, including the EFCC Act, can be enacted. The states claim that this process was not followed, rendering the EFCC an illegal institution.
Kogi State, the original plaintiff, seeks several declarations from the court, including that the Federal Government and its agencies, including the Nigerian Financial Intelligence Unit (NFIU) and the EFCC, lack the authority to manage or investigate funds belonging to the state or its local governments.
The hearing comes at a time when the EFCC is pursuing charges against former Kogi Governor Yahaya Bello over alleged misappropriation of N110 billion. Kogi State has also recently passed a law to establish its own anti-corruption agency, which the state claims is not intended to compete with the EFCC or the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
