Supreme Court Schedules Case Hearing Challenging EFCC Legality for October 22

The Supreme Court has scheduled October 22 to hear a suit filed by 16 state governments challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC). The suit, initially instituted by the Kogi State government, contends that the EFCC’s formation breached constitutional provisions.

The 16 states, including Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger, argue that the EFCC’s establishment Act requires the majority of states’ Houses of Assembly to agree before passage. They claim this was not done, rendering the institution illegal.

Kogi State, the original plaintiff, seeks declarations that the Federal Government lacks power to issue directives on fund management for Kogi State or its Local Government Areas. Additionally, they seek a declaration that the EFCC, Nigerian Financial Intelligence Unit (NFIU), or any federal agency cannot investigate, requisition documents, invite, or arrest individuals regarding fund administration and management in Kogi State or its Local Government Areas.

This development comes amid the EFCC’s move to trial former Kogi Governor Yahaya Bello for alleged N110 billion fraud. In July, the Kogi State House of Assembly passed a bill creating a state-owned anti-graft agency, signed into law by Governor Usman Ododo. Lawmakers clarified that the state agency is not intended to rival the EFCC or Independent Corrupt Practices and Other Related Offences Commission.

A seven-man panel of justices, led by Justice Uwani Abba-Aji, granted the states’ prayers and adjourned the matter until October 22 for hearing.

During the Tuesday, October 8, hearing, counsel representing the various states made their submissions. Abdulwahab Mohammed (SAN), representing the Kogi State Attorney General, informed the court that 13 states sought to be joined as co-plaintiffs, while two requested consolidation. Justice Abba-Aji granted their prayers, paving the way for the October 22 hearing.