The 36 state governors appear divided over a Supreme Court lawsuit challenging the legality of the Economic and Financial Crimes Commission (EFCC),leadership reports.
While the case was being heard on Tuesday, three governors attended an EFCC event, the National Summit on Cybercrime, held in Abuja with support from the European Union-funded Rule of Law and Anti-Corruption (RoLAC II) Programme of International IDEA. The governors in attendance included the Chairman of the Governors’ Forum and Kwara State Governor, AbdulRahman AbdulRazaq, along with Katsina State Governor Dikko Umar Radda and Zamfara State Governor Dauda Lawal.
Reacting to the lawsuit, Governor Dauda Lawal of Zamfara expressed that he had no involvement in the case and only learned of it during the event. He pledged his full support to the EFCC and promised to assist the commission, including providing office space for its operations in Zamfara.
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When asked if he feared an EFCC investigation, Lawal stated, “I am not afraid of the EFCC because I have nothing to hide. It is those who have something to hide who run from the EFCC.” Other governors at the event also voiced strong support for the EFCC and praised its work.
The lawsuit, initiated by the Kogi State government and 15 other states, challenges the legality of the EFCC and questions the constitutionality of the laws establishing it. The states reportedly involved in 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.
Supreme Court Reserves Judgment in EFCC Case
On Tuesday, the Supreme Court reserved its judgment in the case brought by 19 states challenging the constitutionality of the EFCC’s establishment and two related laws. A judgment date will be communicated to the parties.
In the suit, the plaintiffs argue that the Supreme Court, in the case of Dr. Joseph Nwobike vs. the Federal Republic of Nigeria, had ruled that the United Nations Convention against Corruption was incorporated into the EFCC Establishment Act. However, they contend that the provisions of Section 12 of the 1999 Constitution (as amended) were not followed when the law was enacted in 2004. According to the plaintiffs, Section 12 requires that a majority of state Houses of Assembly must approve a convention before it becomes law in Nigeria, which allegedly did not happen.
The plaintiffs argue that, because this process was not followed, the EFCC Act should not apply to states that did not approve it, rendering the EFCC illegal.
At the hearing, Imo, Bauchi, and Osun joined the suit as co-plaintiffs, while Anambra, Ebonyi, and Adamawa withdrew their cases. The Attorney-General of the Federation (AGF), Lateef Fagbemi, SAN, representing the defendants, requested the court’s permission to file a reply on points of law, which was granted.
Mohammed Abdulwahab, SAN, representing the first plaintiff, pointed out discrepancies between the AGF’s amended filings and the original submissions, prompting him to refile his processes to address new issues. The older filings were subsequently struck out.
The states involved in the lawsuit are Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun, and Taraba.
