Supreme Court holds judgment in 19 states' case against EFCC legislation

Imo, Bauchi, Osun join as Anambra, Adamawa, Ebonyi pull out

The Supreme Court has reserved its decision on a lawsuit brought by 19 states challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and other bodies. 

A final judgment date will be communicated to the parties involved.

In the case, identified as SC/CV/178/2023, the plaintiffs argued that the Supreme Court, in a previous case, Dr. Joseph Nwobike Vs Federal Republic of Nigeria, had ruled that the EFCC Act was a product of a UN Convention against corruption.

They contend that this law, enacted in 2004, failed to follow the requirements set out in Section 12 of the amended 1999 Constitution, which stipulates that the majority of state legislatures must approve before such international conventions can be domesticated into Nigerian law.

The states argued that the EFCC Act, along with others based on the convention, should be deemed invalid since their respective legislatures did not grant approval, as required by the Constitution. 

They further claimed that any institutions created under these laws should be considered illegal.

During the hearing on Tuesday, Imo, Bauchi, and Osun states joined the suit as co-plaintiffs, while Anambra, Ebonyi, and Adamawa states withdrew their participation.

Attorney General of the Federation, Lateef Fagbemi, SAN, acting as the defendant, requested the court to accept additional legal submissions filed earlier that morning. 

Justice Uwani Abba-Aji granted the request, allowing the use of the new documents.

Counsel for the plaintiffs, Mohammed Abdulwahab, SAN, raised concerns that the revised filings from the AGF differed from the original documents and noted that he had to refile to respond to new issues raised.

With the old filings struck out, Abdulwahab asked the court to consider the amended submissions and grant the reliefs sought.

He emphasized that their case rested on a previous ruling where Chief Kanu Agabi, SAN, confirmed that the EFCC law was based on a UN convention without following Section 12 of the Constitution.

The defense, led by Fagbemi, SAN, countered that past rulings, such as AG Ondo v. AG Federation, had already addressed the constitutional issues raised by the plaintiffs and urged the court to dismiss the suit.

In a separate development, T.A. Gazali, SAN, representing the Attorney General of Ekiti State, pointed out the state's absence during previous hearings and requested the case be dismissed due to lack of prosecution. The court agreed and struck out the case.

Meanwhile, the Attorney General of Osun State, Oluwole Jimi-Bada, SAN, filed an application to consolidate Osun’s case with that of Kogi State. 

However, Justice Abba-Aji noted that since judgment had already been reserved, consolidation was unnecessary.

By the end of the hearing, the number of states challenging the constitutionality of the EFCC and related institutions had risen to 19, despite the withdrawal of three states. 

The court also ruled that Kogi State’s judgment would apply to Ogun, Nasarawa, and Osun states, which had previously requested consolidation.

The states involved in the lawsuit against the Attorney General of the Federation include Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun, and Taraba.