…Anambra, Adamawa, and Ebonyi shift stance
The Supreme Court of Nigeria has reserved judgment in a case concerning the constitutionality of the laws that established the Economic and Financial Crimes Commission, EFCC, and related agencies.
This decision follows a hearing held on Tuesday, 22 October 2024, during which legal representatives from various states presented their arguments before a seven-member panel led by Justice Uwani Abba-Aji.
The suit, initially filed by the Kogi State Government through its Attorney General and Commissioner for Justice, has seen participation from 16 states, with several joining as co-plaintiffs.
The states that joined the suit, marked SC/CV/178/2023, include Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger.
However, Anambra, Adamawa, and Ebonyi States announced their withdrawal from the legal action during the hearing, a request that was subsequently granted by the court.
Prof. Sylvia Ifemeje, the Attorney General of Anambra State, indicated the State’s decision to withdraw, stating that their withdrawal notice was dated 20 October.
Similarly, Adamawa State’s Attorney General, Mr. J. I. Jingi, notified the court of its withdrawal on 14 October. Ebonyi State, initially listed as the 18th plaintiff, also sought to withdraw from the proceedings.
Justice Uwani Abba-Aji’s panel struck out the cases of Anambra, Adamawa, and Ebonyi States as plaintiffs, effectively reducing the number of states involved in the lawsuit.
Meanwhile, Osun State’s Attorney General, Oluwole Bada, applied to consolidate its grievances against the operations of the EFCC with those of Kogi State.
The core issue in the suit revolves around the legality of the EFCC’s establishment, which the plaintiffs argue was not compliant with Section 12 of the 1999 Constitution, as amended.
They contend that the establishment of the EFCC in 2002 under President Olusegun Obasanjo’s administration lacked the necessary approval from the majority of state Houses of Assembly, thereby rendering it unconstitutional.
The EFCC, established by an Act of the National Assembly on 12 December 2002, began operations on 13 April 2003, after the Senate confirmed its pioneer Executive Chairman, Mallam Nuhu Ribadu.
The agency’s legality has been contested in light of constitutional provisions, with plaintiffs asserting that the Act establishing the EFCC must be considered invalid if it did not adhere to constitutional requirements.
Kogi State has raised six questions for the Supreme Court to determine and is seeking nine principal reliefs, including a declaration that the EFCC lacks the authority to investigate or manage funds belonging to Kogi State or its local government areas.
Kogi State’s counsel, Abdulwahab Mohammed, SAN, urged the court to grant all reliefs sought and to impose costs against the defendant.
In response, the Attorney General of the Federation, Lateef Fagbemi, SAN, opposed the plaintiffs’ claims, asserting that the EFCC was established in compliance with Section 15(5) of the 1999 Constitution.
He argued that the suit, if upheld, could undermine the ongoing fight against corruption in Nigeria.
Fagbemi remarked, “I urge my lords to dismiss this suit in its entirety, otherwise, tomorrow, what the people will go out to say is that the Supreme Court has said we should no longer fight corruption.”
Following the arguments, Justice Abba-Aji announced that the court would communicate a date for its judgment to the parties involved.
As the legal proceedings unfold, the EFCC has defended its operations, with the Director of Public Affairs, Wilson Uwujaren, expressing concern over the governors’ challenge to the agency’s legality.
Uwujaren stated, “We are really shocked by what is happening. Nigerians should see through this shenanigan and oppose it because I don’t see how this country can survive without the EFCC with the kind of corruption problem that we have.”
He attributed the governors’ legal challenge to their discomfort with the agency’s anti-corruption efforts.
“What you see playing out is simply people who are feeling the heat of the work of the EFCC and they want to derail what is going on within the EFCC. They see the EFCC as a threat and purely that is what is playing out,” said Uwujaren.
According to him, the establishment of the EFCC is backed by the country’s laws and as such challenging its legality is purely to derail the fight against corruption.
“So, people who are concerned about transparency and accountability will wish the EFCC to be killed. Let me use the word ‘killed’ because that is the agenda,” he explained.
“They simply want to derail the fight against corruption because they don’t want accountability in their domains.”
He stressed that the establishment of the EFCC is vital for Nigeria’s governance and accountability. According to him, “Nigeria cannot do without the EFCC.”
The Supreme Court’s decision is awaited with great interest, as it may have significant implications for the future operations of the EFCC and the broader anti-corruption landscape in Nigeria.
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