States' Rights vs. Federal Power: EFCC Faces Supreme Court Challenge

16 States Take on EFCC

A seven-member Supreme Court panel, led by Justice Uwani Abba-Aji, is hearing the case...

16 Nigerian States, Led by Osun & Kogi, Challenge EFCC's Constitutionality in Supreme Court

The Anambra state government has pulled out of a high-profile lawsuit filed by 16 states, seeking to declare the Economic and Financial Crimes Commission (EFCC) illegal. This dramatic turn of events comes just as the Supreme Court was set to hear the case on October 22.

Background of the Case

The lawsuit, originally filed by the Kogi state government, challenges the constitutionality of the EFCC's establishment, arguing that the commission's laws violate the Nigerian Constitution. The 16 states, including Anambra, claimed that the EFCC's formation did not follow the proper procedures outlined in Section 12 of the 1999 Constitution.

The States' Argument

The states contend that the EFCC's enabling act was based on a UN Convention against corruption, which should have been ratified by a majority of the state Houses of Assembly before being passed into law. Since this didn't happen, the states argue that the EFCC is an illegal institution.

What's Next?

With Anambra's withdrawal, the remaining 15 states will continue to press their case against the EFCC. The Supreme Court's decision will have significant implications for the EFCC's future and the fight against corruption in Nigeria.

Osun State has joined forces with Kogi State in its lawsuit against the Economic and Financial Crimes Commission (EFCC). Through its Attorney General, Oluwole Bada, Osun requested to consolidate its grievances with Kogi's, seeking the same reliefs. This development coincides with Anambra State's withdrawal from the suit.

A seven-member Supreme Court panel, led by Justice Uwani Abba-Aji, is hearing the case. On Tuesday, October 22, several states announced their appearances, including:

Kogi, Kebbi, Katsina, Jigawa, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, and Bauchi, Adamawa, Taraba, Ebonyi, Imo, and Nasarawa

Notably, Sokoto State, previously a co-plaintiff, did not send representation to the resumed proceedings.

Lateef Fagbemi, the Attorney General of the Federation and Minister of Justice, appeared as the sole defendant and did not oppose Anambra's withdrawal. This high-stakes lawsuit now involves 16 states challenging the EFCC's operations.