Supreme Court Sets October 22 for Hearing on Kogi, Anambra, 14 other State Governors’ Suit Challenging EFCC’s Legality

The Supreme Court has scheduled October 22, 2024, for the hearing of a legal challenge brought by 16 state governments against the constitutionality of the Economic and Financial Crimes Commission (EFCC). The case, initially filed by the Kogi State government, questions the legality of the EFCC and its powers under Nigerian law.

A panel of seven justices, led by Justice Uwani Abba-Aji, set the hearing date after allowing additional states to join the case as co-plaintiffs and consolidating related suits. The states participating in the suit include Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger.

The plaintiffs argue that the EFCC’s Establishment Act, passed in 2004, is invalid because it failed to comply with Section 12 of the 1999 Constitution. This section mandates that international conventions, such as the United Nations Convention against Corruption—which underpins the EFCC law—must be ratified by a majority of state Houses of Assembly before being incorporated into Nigerian law. The state governments contend this procedure was not followed, making the EFCC’s powers unconstitutional.

In their submission, the states claim that the Supreme Court previously confirmed this position in a ruling involving Dr. Joseph Nwobike. They maintain that without approval from the states, any institution formed under the EFCC Act is illegal.

When the case was called on Tuesday, lawyers representing the state governments presented their requests. Most states sought to be recognized as co-plaintiffs, while two requested case consolidation. Kogi State’s Attorney General, Abdulwahab Mohammed, SAN, argued that the court should allow those states wishing to join as plaintiffs to do so, and grant seven days for those seeking consolidation to file their case.

Justice Abba-Aji granted the requests and adjourned the hearing to October 22.

The original suit, filed by Kogi’s Attorney General under case number SC/CV/178/2023, challenges the authority of the EFCC and other federal agencies to investigate, manage, or issue directives regarding state finances. Kogi’s government is seeking multiple legal declarations to limit the EFCC’s influence over state financial matters.