The Supreme Court has scheduled a hearing for October 22 on a suit filed by 16 state governments challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and two other agencies. The case, originally initiated by the Kogi State Government through its Attorney General, has seen additional states join as co-plaintiffs.

The states involved include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger. They argue that the Constitution is the supreme law, and any legislation inconsistent with it is null and void.

The plaintiffs assert that the Supreme Court, in a previous case (Dr. Joseph Nwobike vs. Federal Republic of Nigeria), indicated that the EFCC Establishment Act was based on a UN Convention against corruption, which was not properly incorporated into Nigerian law.

They contend that compliance with Section 12 of the 1999 Constitution, which requires the approval of a majority of state Houses of Assembly, was not met in enacting the EFCC Act.

The states maintain that since the law was not approved by all relevant states, it should not apply to those that did not consent, rendering the EFCC an illegal institution in this context.

During the proceedings, many states sought to join as co-plaintiffs, while two requested consolidation of the case. Counsel for Kogi State, Abdulwahab Mohammed, informed the court of the interest from additional states in consolidating the case and sought guidance on how to proceed. Justice Uwani Abba-Aji granted these requests and adjourned the matter until October 22.

In the originating summons filed by a team of lawyers led by Prof. Musa Yakubu, SAN, Kogi State’s suit raises six questions for determination and seeks nine specific reliefs, including declarations that the EFCC and the Nigerian Financial Intelligence Unit (NFIU) lack authority over the management of Kogi State funds.

The outcome of this case could have significant implications for the operations of the EFCC and the relationship between state governments and federal agencies in Nigeria.