On Tuesday, the Supreme Court of Nigeria set October 22 as the date for a hearing in a pivotal case challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC). The case was originally filed by the Kogi State Government, which is spearheading the lawsuit against the Federal Government.

Fifteen states have officially joined Kogi as co-plaintiffs in this suit, voicing their concerns over the EFCC’s authority to investigate and prosecute matters related to state funds. The legal challenge emerged from the Kogi State Attorney General, who believes that the EFCC, along with the Nigerian Financial Intelligence Unit (NFIU), overstepped its boundaries in managing state finances.

During the proceedings, it was revealed that while the initial case was pending, several other states—namely Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger—requested to be included as plaintiffs.

The collective argument presented by the states is that the EFCC’s Establishment Act contradicts the Nigerian Constitution, which they argue is the supreme law of the land. They claim that the Act should be declared invalid. Their assertion is rooted in a previous Supreme Court ruling in the case of Dr. Joseph Nwobike vs. the Federal Republic of Nigeria, which indicated that the EFCC Act, established in 2004, did not properly adhere to Section 12 of the 1999 Constitution as amended.

The plaintiffs argue that for any international convention, such as the one against corruption, to be incorporated into Nigerian law, there needs to be majority approval from the states’ Houses of Assembly, a step they allege was never taken.

As Tuesday’s hearing unfolded, lawyers representing the states articulated their positions. Most states sought to be co-plaintiffs, while two expressed the desire for the case to be consolidated. Abdulwahab Mohammed (SAN), representing Kogi State’s Attorney General, informed the court of the states’ interest in either joining the case or consolidating it.

“It is up to this honorable court to guide us on how to proceed,” Mohammed stated. “Out of about 15 states, 13 want to join as co-plaintiffs, while only two are seeking consolidation. To simplify matters for the court, those seeking to join should be allowed and adhere to the existing process, and those wishing to consolidate should be given seven days to file their documents.”

Justice Uwani Abba-Aji granted the requests and announced that the hearing would resume on October 22. The case, listed as SC/CV/178/2023, has the Attorney General of the Federation as the sole defendant.

In their legal documents, prepared by a team led by Prof. Musa Yakubu (SAN), Kogi State has put forward six key questions for the court’s determination and is seeking nine specific legal remedies. Among these requests are declarations stating that neither the NFIU nor any federal government agency has the authority to issue directives regarding state funds, and that those bodies cannot investigate or arrest individuals concerning financial matters linked to Kogi State or its local government areas.