The Supreme Court has postponed its decision regarding a lawsuit brought by 16 state governments that questions the legality of the Economic and Financial Crimes Commission (EFCC) and similar agencies. On Tuesday, a panel of seven justices, led by Justice Uwani Abba-Aji, reserved judgment after hearing arguments from the lawyers involved in the case.
The consolidated suits challenge the authority of the EFCC and the Nigerian Financial Intelligence Unit (NFIU), among other federal bodies. The states involved in the case, identified as SC/CV/178/2023, include Anambra, Benue, Cross River, Enugu, Edo, Kogi, Kebbi, Katsina, Jigawa, Nassarawa, Niger, Ondo, Oyo, Ogun, Plateau, and Sokoto.
Initially initiated by the Kogi State Government, with its Attorney General and Commissioner for Justice leading the charge, the suit later saw participation from other states that sought to join as co-plaintiffs. However, the Attorneys General of Anambra, Adamawa, and Ebonyi later withdrew from the proceedings, a move that was accepted by the court panel.
The plaintiffs argue that the establishment of the EFCC under the EFCC (Establishment) Act of 2004 does not comply with Section 12 of the 1999 Constitution (as amended). This section outlines the implementation of treaties and states that no treaty between the federation and other nations has the force of law unless enacted by the National Assembly. It also stipulates that any law for the federation concerning treaties requires the ratification of a majority of the Houses of Assembly in the country.
According to the plaintiffs, the EFCC Establishment Act was based on a United Nations Convention against Corruption, yet failed to adhere to the constitutional requirements for treaties to become Nigerian law. They assert that Section 12(3) mandates approval from the majority of state Houses of Assembly before the convention can be validly adopted, implying that the current EFCC Act cannot be applied to states that did not endorse it.
In their requests, the plaintiffs seek a declaration that institutions like the EFCC are illegal. They also want the court to rule that the federal government, through the NFIU or any other agency, does not possess the authority to issue directives or guidelines regarding the management of state funds. Furthermore, they contend that the EFCC, NFIU, or any federal agency lacks the jurisdiction to investigate, demand documents, or arrest individuals in relation to offenses involving state or local government funds.
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