16 govs vs EFCC: Adamawa, Anambra, Ebonyi, withdraw from suite

The supreme Court on Tuesday, reserved judgement in the suit filed by 16 state governors challenging legality of the Economic and Financial Crimes Commission (EFCC)

The states, led by Kogi, had challenged and demanded the scrapping of the EFCC, alleging the anti craft agency lacks the legal peers to investigate the activities of states

This is however as three states of the federation told the Supreme Court on Tuesday that they have pulled out of the legal action

Anambra, Adamawa and Ebonyi, announced their decisions to withdraw from the matter, shortly after it was called up for hearing on Tuesday

Addressing the apex court, the Attorney General of Anambra state, Prof. Sylvia Ifemeje, said  the state was no longer willing to be a part of the legal action that was originally instituted by Kogi state.

The commissioner  added that the state’s withdrawal notice was dated October 20.

In a similar development, Adamawa state Attorney General, Mr. J. I. Jingi, also notified the court that it had on October 14, also filed a notice of withdrawal.

Also, Ebonyi state, which was initially listed as the 18th plaintiff, through its counsel, Mr. Ikenna Nwidagu, also applied to withdraw from the matter, even as Sokoto showed signs of withdrawal as it could not send any legal representative at the court

The state’s submission to withdraw from the the case was not however opposed by the Attorney-General of Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, who is the sole defendant in the matter.

Consequently, the supreme court panel, led by Justice Uwani Abba-Aji, struck out Anambra, Adamawa and Ebonyi states as the 9th, 16th and 18th plaintiffs in the suit.

This however came as Osun state showed strong support for the governors case against the anti graft agency

Attorney-General of the state, Oluwole Bada, told the court that it would want to consolidate its own grievance against the operations of the EFCC, with that of Kogi state, adding that it is seeking the same relief that Kogi state listed against the EFCC.

Other states that announced their appearances as the the suit, marked: SC/CV/178/2023, was called up included; Kogi, Kebbi, Katsina, Jigawa, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo and Bauchi,Taraba, Imo and Nasarawa.

The states argued that the EFCC was not validly established by the then administration of President Olusegun Obasanjo, and therefore prayed the court to scrap it

The EFCC was established by an Act of the National Assembly on December 12, 2002, by Obasanjo’s administration, which appointed the current National Security Adviser (NSA), Mallam Nuhu Ribadu as its pioneer Executive Chairman

The Attorneys Generals whose state have remained in the case, argued that section 12 of the 1999 Constitution, as amended, was not complied with before the EFCC began its operations.

The posited further that it was a mandatory provision of the Constitution that the 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 then President Obasanjo’s administration.

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

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

The states relied 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.

Kogi state, which initiated the case, 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.”

While adopting its processes on Tuesday, the state, through its counsel, Mr. Abdulwahab Mohammed, SAN, urged the court to grant all the reliefs and “award heavy cost in favour of the plaintiffs on record.”

In his response, the AGF, Prince Fagbemi, SAN, said he had on October 18, filed both a preliminary objection and counter-affidavit to query the competence of the action.

While urging the court to strike out or dismiss the case, the AGF, argued that contrary to the contention of the plaintiffs, the EFCC was validly established in line with the provision of section 15(5) of the 1999 Constitution, as amended.

He refuted the claim by Kogi state that the EFCC Establishment Act was an offshoot of an international convention that was not properly domesticated in Nigeria.

“I urge my lords to dismiss this suit in its entirety, otherwise, tomorrow, what the people will go out to say is that the Supreme Court has said we should no longer fight corruption.

“Moreover, ruling in favour of the plaintiffs will have a far-reaching implication, especially on all the previous convictions.”

The AGF further informed the apex court that the federal government had filed a preliminary objection and counter-affidavit on October 18 to query the legal propriety of the suit.

Fagbemi argued  that contrary to the claim by the states, the EFCC was validly established in line with the provision of section 15(5) of the 1999 Constitution, as amended.

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