Suspense As Supreme Court Rules on 16 Governors’ vs EFCC Suit

• The Supreme Court will deliver a crucial judgement today, October 22, regarding the constitutionality of the EFCC, following a suit by 19 state governors
• The plaintiffs argue that the EFCC Establishment Act violated Section 12 of the 1999 Constitution, as it failed to receive the necessary approval from a majority of state assemblies before its enactment in 2004
• The lawsuit, initially filed by the Kogi state government, but were later joined by 15 other states, including Ondo, Edo and Oyo, are contesting the legality of the EFCC’s application to states that did not consent to the law

Legit.ng journalist Esther Odili has over two years of experience covering political parties and movements.

Following the suit filed by the 16 state governments contesting the constitutionality of the laws that established the Economic and Financial Crimes Commission (EFCC) in the country, the Supreme Court is set to rule on their request today, Tuesday, October 22.

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The governors and the EFCC are eagerly awaiting the judgement of the apex court, which would confirm the legality or otherwise of the anti-graft commission.

Recall that the state governments, in their suit, had challenged the constitutionality of laws establishing the EFCC and two other agencies. The states argue that these laws violate the Nigerian Constitution.

The plaintiffs, contend that the EFCC laws were enacted without adhering to Section 12 of the Constitution. They note thated the section mandates that international conventions be approved by a majority of state Houses of Assembly before being enacted into Nigerian law.

Why 16 governors dragged EFCC to Supreme Court

According to Channels TV and The Punch, the states are asking the court to declare that the federal government lacks authority to manage state funds and that the EFCC cannot investigate or arrest individuals related to state fund management.

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They argue that the EFCC’s powers are unconstitutional and should not apply to states that did not approve the relevant laws, The Punch reported.

Kogi state initially filed the lawsuit, with its attorney general, Abdulwahab Mohammed, leading the case. Other states later joined as co-plaintiffs, while two sought consolidation. The Supreme Court granted their requests, paving the way for a unified hearing.

The suit, initiated by the Kogi state government, was joined by the Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River and Niger states.

A seven-member panel of justices, led by Justice Uwani Abba-Aji, will hear the cases filed against the EFCC today, Tuesday.

N5.78bn fraud: EFCC re-arraigns ex-Kwara gov, ex-commissioner

In another development, Legit.ng reported that the EFCC re-arraigned former Kwara state governor, Abdulfatah Ahmed, and his Commissioner of Finance, Ademola Banu over alleged N5.78bn fraud.

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Abdulfatah Ahmed was governor of Kwara state from 2011 to 2019 under the Peoples Democratic Party (PDP)

The anti-graft agency re-arraigned Ahmed and Ademola Banu over alleged N5.78bn fraud before Kwara state high court on Monday, October 21.

Source: Legit.ng