Sixteen state governments in Nigeria have turned to the Supreme Court, challenging the authority of the Economic and Financial Crimes Commission (EFCC) to investigate state accounts.
The Supreme Court has set a hearing date for this crucial case on **October 22, 2024**. A seven-member panel, led by Justice Uwani Abba-Aji, consolidated three separate suits filed by three states, including Kogi. Thirteen additional states have been granted co-plaintiff status in the case, bringing the total number of plaintiffs to sixteen.
The states involved in the case include Anambra, Benue, Cross River, Enugu, Edo, Kogi, Kebbi, Katsina, Jigawa, Nassarawa, Niger, Ondo, Oyo, Ogun, Plateau, and Sokoto. The plaintiffs argue that the constitution is supreme and that any law inconsistent with it is void.
The EFCC, established in 2004, was created to combat financial crimes in Nigeria, including money laundering and fraud. However, its authority to investigate state accounts has been a point of contention. The plaintiffs in this case argue that the EFCC’s powers were established without proper legislative procedure, violating constitutional requirements.
The states argue that the EFCC Act, as currently enforced, is invalid. They claim that the National Assembly did not comply with **Section 12** of the Nigerian Constitution when enacting the EFCC Act. This section mandates that no international treaty has the force of law in Nigeria unless enacted by the National Assembly.
The plaintiffs contend that the EFCC Act is based on the **United Nations Convention Against Corruption**, which should have been ratified by the majority of state Houses of Assembly before becoming law. They argue that since many states did not agree to the convention, the EFCC cannot legally operate in those states.
Among the reliefs being sought in the suit, the states are requesting:
1. A declaration that the Federal Government, through the Nigerian Financial Intelligence Unit (NFIU) or any other agency, lacks the authority to issue directives regarding the administration of state funds.
2. A declaration that the EFCC, NFIU, or any federal agency cannot investigate or arrest individuals concerning the management of state or local government funds.
The plaintiffs assert that any institution established under the EFCC Act should be deemed illegal, and they are calling for a judicial ruling that supports their claims.
During a recent court session, legal representatives for the states expressed their desire for a joint approach to the case. **Abdulwahab Mohammed (SAN)**, the counsel for Kogi State, highlighted the interest from multiple states to join the suit. He suggested that those wanting to be co-plaintiffs should be allowed to do so, while others seeking consolidation should follow specific procedures.
Justice Abba-Aji agreed to adjourn the case until October 22, giving all parties time to prepare their arguments. The case is being closely watched, as its outcome could set a precedent for the relationship between state and federal agencies in Nigeria.
This legal battle holds significant implications for state governance and financial management. If the Supreme Court rules in favor of the states, it could limit the EFCC’s reach into state affairs, potentially affecting how financial crimes are investigated across Nigeria.
Conversely, a ruling favoring the EFCC may reinforce its authority, enabling it to pursue investigations in states without legislative approval. This could lead to increased tensions between state governments and the federal agency.
Corruption remains a pervasive issue in Nigeria, impacting public trust in government institutions. The EFCC has been at the forefront of the fight against corruption, but its methods and reach have come under scrutiny. The agency has faced criticism for perceived overreach and for allegedly targeting political opponents.
