The Supreme Court, on Tuesday, slated October 22 to hear a suit that about 16 states of the federation filed to challenge the legality of the operations of the Economic and Financial Crimes Commission, EFCC.

The states are contending that the anti-graft agency was not validly established by the then administration of President Olusegun Obasanjo.

It will be recalled that the EFCC was established by an Act of the National Assembly on December 12, 2002, by Obasanjo’s administration.

Following the appointment and confirmation of its pioneer Executive Chairman, Mallam Nuhu Ribadu and other administrative officers, by the Senate, the Commission commenced its operational activities on April 13, 2003, though its Establishment Act was later amended in 2004.

However, in the suit before the apex court, the states, through their respective Attorneys General, argued that section 12 of the 1999 Constitution, as amended, was not complied with before the EFCC began its operations.

According to the plaintiffs, it was a mandatory provision of the Constitution that majority of the Houses of Assembly of States must vote and agree to the passage of the EFCC Act, insisting that it was not something that only the National Assembly was legally allowed to do.

They told the Supreme Court that none of the states was carried along before the EFCC was established by the then President Obasanjo’s administration.

Even though the suit, marked: SC/CV/178/2023, was originally brought before the court by Kogi state, however, other states applied to be joined as co-plaintiffs while others filed applications for their own suit to be consolidated with the extant matter.

Among states that applied and were allowed to join in the matter, included; 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 since the 1999 Constitution, as amended, is the supreme law of the land, any Act of the National Assembly that is inconsistent with the Constitution, ought to be declared a nullity.

They argued that the Supreme Court had in a decided case-law in Dr. Joseph Nwobike Vs Federal Republic of Nigeria, held that it was a United Nation 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.

The plaintiffs maintained that since the due process was not followed before the EFCC Establishment Act was enacted, it cannot be applicable in states that never approved of it, in accordance with provisions of the 1999 Constitution, as amended.

Hence, they argued that any agency that was formed as a result of the Act, ought to be regarded as an illegal institution.

Meanwhile, a seven-man panel of the Supreme Court, led by Justice Uwani Abba-Aji, okayed the matter for hearing, after it approved the joinder applications.

The Attorney-General of Kogi state, represented by his lawyer, Mr. Abdulwahab Mohammed, SAN, said it was for the apex court to give a direction on how the matter would proceed considering that while some of the states indicated their interest to enter the case as co-plaintiffs, others applied for consolidation.

“It is for this honourable court to tell us how to proceed, my lords.

“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 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 suggested.

After the panel had listened to all the parties, it adjourned the matter for hearing.

The Attorney-General of the Federation (AGF) was cited as the sole defendant in the matter.

Specifically, Kogi state had raised six questions for the apex court to determine, even as it sought nine principal reliefs.

It, among other things, prayed the Supreme Court for: “A declaration that the Economic and Financial Crimes Commission (EFCC), the Nigerian Financial Intelligence Unit (NFIU) or any agency of the Federal Government of Nigeria cannot investigate, requisition documents, invite and or arrest anyone with respect to offences arising from or touching on the administration and management of funds belonging to Kogi state of Nigeria or any Local Government Area of Kogi State.”

As well as: “A declaration that the Federal Government of Nigeria, through the Nigerian Financial Intelligence Unit (NFIU) or any agency of the Federal Government, lacks the power to issue any directive, guideline, advisory or any instrument howsoever called for the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogi state.”