Supreme Court dismisses state governments’ suit against Nigeria’s key anti-corruption agencies

The Supreme Court has dismissed the suit filed by some Nigerian Governors led by Kogi State to challenge the establishment and prosecutorial powers of Economic and Financial Crimes Commission (EFCC) and the Independent Corruption Practices and other related offences Commission (ICPC) as well as the Nigerian Financial Intelligence Unit (NFIU).

Penpushing reports that in the judgement by the seven-member panel led by Justice Uwani Abba-Aji unanimously dismissed the suit filed by 19 state governments for lacking in merit and, in a stinging rebuke, described legal action as selfish.

The panel held that the first plaintiff (Kogi AG) and others opened the can of worms and skeletons in its cupboard with its claim in the suit that the Economic and Financial Crimes Commission (EFCC) had invited and investigated officials of the state government.

Penpushing further reports that the court pointed out that the claim was the height of the selfish reasons of the plaintiff’s suit, explaining that as much as Kogi State has the right to enact laws, any of its laws that contradict the anti-corruption agencies which have been enacted by the National Assembly, cannot have the force of law.

The judge declared that no state has the right to enact a law that is inconsistent with the laws enacted by the National Assembly, and therefore, faulted the Attorney General of Kogi state for acting as a puppet for corrupt practices.

Penpushing also reports that it is recalled that the lawsuit commenced by the Kogi State Government—before other states joined—caused a row in Benue State, while the Governor, Hyacinth Alia on Wednesday, suspended the Attorney General of the state, for allegedly joining the lawsuit without prior authorisation from the governor’s office.

The Supreme Court heard the submissions of parties and reserved judgement on the suit on Tuesday, when three other states—Anambra, Adamawa, and Ebonyi—also announced their withdrawals from the case.

Penpushing reports that Anambra Attorney General of Anambra State, Sylvia Ifemeje, cited a 20 October motion for withdrawal in her announcement, while Ebonyi’s Attorney General, Ikenna Nwidagu, requested the removal of his state’s name through a 21 October filing.

The Benue State Chief Press Secretary Kula Tersoo, in a statement on Wednesday confirmed the suspension of the Attorney-General which he linked to his involvement in the suit without knowledge of the Governor

“It’s true, His Excellency today suspended the State Attorney General and Commissioner for Justice and Public Order for joining the suit challenging the legality of EFCC without informing the governor’, Tersoo said.

Penpushing further reports that it is recalled that 19 state governments led by Kogi state (the 1st plaintiff), who are behind the suit, argued that the establishment of of Economic and Financial Crimes Commission (EFCC) and the Independent Corruption Practices and other related offences Commission (ICPC) violated Nigeria’s constitution.

The plaintiffs based their claim on the contention that the establishment of the agencies ran contrary to a 2004 Supreme Court precedent, which, according to them, mandated those international conventions—such as the United Nations Convention against Corruption which gave rise to the Economic and Financial Crimes Commission (EFCC) Act – must get a majority vote from Nigeria’s state assemblies before becoming effective.

Penpushing also reports that the plaintiffs contended that the Economic and Financial Crimes Commission (EFCC) Act bypassed this process, rendering the agency’s powers illegitimate, while presenting their case on October 22, 2024, the lead counsel for Kogi State, Mohammed Abdulwahab, urged the Supreme Court to uphold the states’ arguments.

The lead counsel argued that the Economic and Financial Crimes Commission (EFCC) Act’s enactment was never approved by the majority of states, as required by Section 12 of the constitution, making its authority over non-consenting states unconstitutional.

Penpushing further reports that the Attorney General of the Federation, Lateef Fagbemi rebutted these claims, arguing that past Supreme Court rulings, including AG Ondo v. AG Federation, had already settled the constitutional issues raised.

The Attorney General of the Federation requested the court dismiss the suit, contending that the Economic and Financial Crimes Commission (EFCC) Act’s legitimacy was well established by legal precedent.

Penpushing also reports that the Supreme Court in same vein struck out a related suit filed by the Attorney General of Ekiti State after the plaintiff failed to appear, and additionally, Osun, Nasarawa, and Ogun states each requested to consolidate their cases with Kogi’s lead suit, agreeing to accept the final judgement.

The Benue and Anambra states withdrew from the case after the hearing of the suit last month, while the remaining plaintiffs that unwaveringly pursued the suit are: Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun, and Taraba States

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