EFCC Legality Under Fire: Supreme Court Hearing Set for Oct 22

States Unite Against EFCC - Supreme Court Hearing Scheduled

Justice Abba-Aji has set the stage for a pivotal hearing on October 22, granting the prayers of the lawyers representing 16 states...

16 States Challenge EFCC's Legality: Supreme Court Hearing Set for Oct 22 | Constitutional Battle Over Financial Autonomy

The Supreme Court has scheduled October 22 to hear a landmark suit filed by 16 state governments challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC). This suit, initially filed by Kogi State through its Attorney General, now includes 15 additional states as co-plaintiffs.

The 16 States Challenging EFCC's Constitutionality:

• Ondo
• Edo
• Oyo
• Ogun
• Nassarawa
• Kebbi
• Katsina
• Sokoto
• Jigawa
• Enugu
• Benue
• Anambra
• Plateau
• Cross-River
• Niger
• Kogi (original plaintiff)

A seven-member panel of justices, led by Justice Uwani Abba-Aji, set the hearing date on Tuesday. The states are contesting the legality of the laws establishing the EFCC, which could have significant implications for the commission's future operations.

The 16 states challenging the Economic and Financial Crimes Commission (EFCC) are arguing that the Nigerian Constitution required the majority of states' Houses of Assembly to approve the convention before passing the EFCC Act, which they claim was never done. This argument is based on the provision that laws cannot be applied to states that didn't approve them. The states are citing a previous Supreme Court case that supports their claim, stating that institutions formed without proper approval should be considered illegal.

In essence, the states are questioning the legitimacy of the EFCC, arguing that its formation didn't follow constitutional procedures. They believe that the commission's actions are unlawful since the required approval from the states was never obtained. This case has significant implications for the EFCC's operations and the Nigerian legal system as a whole.

Key Arguments:

Constitutional Requirement: Majority of states' Houses of Assembly must approve the convention before passing the EFCC Act.

Lack of Approval: States claim this approval was never obtained.

Illegitimacy of EFCC: Institutions formed without proper approval should be considered illegal.

The Supreme Court has scheduled a hearing for October 22 to address this lawsuit. The outcome will have far-reaching consequences for the EFCC and Nigeria's anti-corruption efforts.

On Tuesday, lawyers representing 16 states made their submissions in the Supreme Court case challenging the Economic and Financial Crimes Commission's (EFCC) legality. The majority of states sought to be joined as co-plaintiffs, while two states requested an order to consolidate the case. Abdulwahab Mohammed, counsel for Kogi State's Attorney General, informed the court that 13 states wanted to join as co-plaintiffs, and two sought consolidation.

Mohammed suggested that the court allow the co-plaintiff states to abide by existing processes and grant the consolidating states seven days to file their documents. Justice Uwani Abba-Aji granted their prayers and adjourned the hearing until October 22.

Case Background:

16 States Involved: Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, Niger, and Kogi.

Constitutional Challenge: The states argue that the EFCC's formation breached constitutional provisions, specifically Section 12 of the 1999 Constitution.

Reliefs Sought: Declarations that the EFCC and other federal agencies cannot investigate or manage state funds without approval.

“Out of about 15 states, there are about 13 of them that have indicated interest to be co-plaintiffs and only two want consolidation.

“To make the task of the court easier, those who want to be joined as co- plaintiffs should be joined and abide by the processes already filed, and those who sought consolidation should be asked to file within seven days,” Mohammed said.

Justice Abba-Aji has set the stage for a pivotal hearing on October 22, granting the prayers of the lawyers representing 16 states, including Kogi, Ondo, Edo, Oyo, and others. This hearing is part of a larger suit, SC/CV/178/2023, initiated by the Kogi State Attorney General against the Attorney General of the Federation (AGF). The states are challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) and other federal agencies.

The Kogi State AG's suit argues that these agencies were established without adhering to Section 12 of the 1999 Constitution, which requires approval from the majority of states' Houses of Assembly. With Justice Abba-Aji's adjournment, the matter will now be heard on October 22, marking a significant milestone in this constitutional challenge.

Parties Involved:

Kogi State Attorney General: Plaintiff

Attorney General of the Federation (AGF): Defendant

15 Other States: Co-plaintiffs, including Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, and others 

This case has far-reaching implications for the EFCC's operations and the Nigerian legal system. Stay tuned for updates on this significant constitutional challenge.

The Kogi State government has filed an originating summons, led by Musa Yakubu (SAN), seeking clarity on six critical questions and nine reliefs. At the heart of their petition is a declaration that the Federal Government, specifically through the Nigerian Financial Intelligence Unit (NFIU), oversteps its authority when issuing directives or guidelines for managing state funds.

In essence, Kogi State argues that the Federal Government lacks the constitutional power to control how states manage their finances. This challenge is part of a broader suit questioning the legality of the Economic and Financial Crimes Commission (EFCC) and other federal agencies.

Major Aspects of the Petition:

Six Questions for Determination: Seeking clarity on constitutional interpretations and federal-state financial management boundaries.

Nine Reliefs Sought: Including declarations limiting Federal Government intervention in state financial affairs.

Specific Relief: Declaration that the NFIU cannot issue directives on state fund management.

This case, scheduled for hearing on October 22, has significant implications for federal-state relations and financial autonomy in Nigeria.

Kogi State is seeking a declaration that prevents the Economic and Financial Crimes Commission (EFCC), Nigerian Financial Intelligence Unit (NFIU), or any federal agency from investigating or arresting individuals related to the management of state funds. This development is particularly noteworthy given that Yahaya Bello, the immediate past governor of Kogi State, is currently facing corruption charges brought by the EFCC.

In fact, the EFCC has reopened cases against 13 former governors and some ministers, involving staggering amounts of over N772 billion. Some of the notable former governors being investigated include Kayode Fayemi, Ayo Fayose, and Bello Matawalle, among others. The EFCC's renewed efforts to tackle corruption have raised hopes for accountability in Nigeria's political landscape.

The Economic and Financial Crimes Commission (EFCC) has made significant strides in combating corruption since its inception in 2002. Between May 29, 2023, and May 29, 2024, the commission secured an impressive 3,175 convictions and recovered a staggering N156 billion, along with substantial amounts in foreign currencies. This remarkable achievement showcases the EFCC's unwavering commitment to tackling corruption.

In fact, the EFCC's conviction record has consistently improved over the years. In 2022, the commission secured 3,785 convictions, representing a 70.5% increase from 2021. The Lagos Command recorded the highest number of convictions, with 765 cases, followed closely by the Ibadan Command with 573 convictions.

The EFCC's efforts have yielded substantial recoveries, including:

• N156,276,691,242.30
• $43,835,214.24
• £25,365.00
• €186,947.10
• ₹51,360.00
• C$3,750.00
• A$740.00
• ¥74,754.00
• R35,000.00
• 42,390.00 UAE Dirhams
• 247.00 Riyals
• 21,580,867631 Crypto Currency

These impressive figures demonstrate the EFCC's effectiveness in combating financial crimes and recovering illicit assets.

Other Former Governors Under Investigation:

Bello Matawalle: Alleged N70 billion money laundering

Kayode Fayemi: Alleged N4 billion fraud

Ayo Fayose: Alleged N6.9 billion fraud

Chimaroke Nnamani: Alleged N5.3 billion fraud