Supreme Court To Hear State Govts’ Suit Challenging EFCC Act On October 22

AfriqueCAN

The Supreme Court has fixed October 22 for the hearing of a suit filed by 16 state governments challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and two others.

A seven-man panel of justice, led by Justice Uwani Abba-Aji, fixed the date after the states were joined as co-plaintiffs and leave granted for consolidation of the case in the suit originally filed by the Kogi State Government through its Attorney General.

The states that joined in the suit include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River and Niger.

The 16 states are relying on the fact that the Constitution is the supreme law and that any law that is inconsistent with it is null and void.

The plaintiffs argued that the Supreme Court, in Dr. Joseph Nwobike Vs Federal Republic of Nigeria, had held that it was a UN Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.

They argue that the provision of Section 12 must be complied with in bringing a convention into Nigerian law.

According to them, based on the Constitution’s provision, the majority of the state Houses of Assembly needed to agree to bring the convention in before passing the EFCC Act and others, but that was allegedly never done.

The states argued in their suit that the law, as enacted, could not be applied to states that never approved of it, in accordance with the provisions of the Nigerian constitution.

Hence, they argued that any institution so formed should be regarded as illegal.

When the case was called, the majority sought to be joined as co-plaintiffs, while two states prayed for an order for consolidation of the case.

Counsel to Kogi State Government and Attorney General, Abdulwahab Mohammed,  informed the court that there were states that indicated interest in consolidation of the case and those seeking to be joined as co-plaintiffs.

“It is for this honourable court to tell us how to proceed my lord. Out of about 15 states, there are about 13 of them that have indicated interest to be co-plaintiffs and only two want consolidation.

“To make the task of the court easier, those who want to be joined as co-plaintiff should be joined and abide by the processes already filed and those who sought consolidation should be asked to file within seven days,” Mohammed said.

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