FG Takes Stand On Suit Seeking To Declare EFCC Illegal

It, among other things, prayed the Supreme Court for: “A declaration that the Economic and Financial Crimes Commission (EFCC), the Nigerian Financial Intelligence Unit (NFIU) or any agency of the Federal Government of Nigeria cannot investigate, requisition documents, invite and or arrest anyone concerning offences arising from or touching on the administration and management of funds belonging to Kogi state of Nigeria or any Local Government Area of Kogi State.” As well as: “A declaration that the Federal Government of Nigeria, through the Nigerian Financial Intelligence Unit (NFIU) or any agency of the Federal Government, lacks the power to issue any directive, guideline, advisory or any instrument howsoever called for the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogi state.” While adopting its processes on Tuesday, the state, through its counsel, Mr Abdulwahab Mohammed, SAN, urged the court to grant all the reliefs and “award heavy cost in favour of the plaintiffs on record.” After it had listened to both sides, Justice Abba-Aji led the panel to reserve its judgement till a date it said would be communicated to the parties.

The Attorney General of Anambra state, Prof.

Sylvia Ifemeje, told the apex court that the state was no longer willing to be a part of the case which was originally instituted by Kogi state.

Even though the suit, marked: SC/CV/178/2023, was originally brought before the court by Kogi state, however, some of the states applied and were joined as co-plaintiffs while others filed applications for their own suit to be consolidated with the extant matter.

Osun state told the court that it filed a separate suit to seek the same reliefs that Kogi state listed against the EFCC.

However, in the suit before the apex court, the states, through their respective Attorneys General, argued that section 12 of the 1999 Constitution, as amended, was not complied with before the EFCC began its operations.

Consequently, the apex court panel, led by Justice Uwani Abba-Aji, struck out the names of Anambra, Adamawa and Ebonyi states as the 9th, 16th and 18th plaintiffs in the suit, respectively.

Whereas Sokoto state, which was earlier joined as a co-plaintiff in the matter, did not send any legal representative at the resumed proceeding on Tuesday, other states that announced their appearances, were; Kogi, Kebbi, Katsina, Jigawa, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo and Bauchi.

They argued that the Supreme Court had in a decided case-law in Dr.

Joseph Nwobike Vs Federal Republic of Nigeria, held that it was a United Nations Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.

Fagbemi emphasized that the EFCC was established in accordance with section 15(5) of the 1999 Constitution, as amended, countering the plaintiffs’ argument that the EFCC Act stemmed from an international convention that was not properly domesticated in Nigeria..

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