The Supreme Court is set to hear a pivotal case on October 22 involving the Economic and Financial Crimes Commission (EFCC). This case has garnered significant attention, as fifteen states have officially joined the lawsuit as plaintiffs, bolstering the challenge against the constitutionality of the laws that govern the EFCC.

The lawsuit was initially initiated by the Kogi State Government, represented by its Attorney General. The state is contesting the jurisdiction of the EFCC, the Nigerian Financial Intelligence Unit (NFIU), and other anti-corruption bodies. The Kogi State Government asserts that these agencies do not have the authority to investigate, arrest, or prosecute issues related to the management of state funds.

While the case was ongoing, additional states—including Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger—sought to join as co-plaintiffs. They argue that the EFCC’s Establishment Act is unconstitutional and should be declared invalid.

The plaintiffs point out that the Supreme Court has previously ruled in the case of Dr. Joseph Nwobike vs. Federal Republic of Nigeria, stating that the EFCC Establishment Act was derived from a United Nations convention against corruption. They maintain that the enactment of this law in 2004 did not adhere to the requirements set forth in Section 12 of the 1999 Constitution, which mandates that a majority of state Houses of Assembly must consent before such conventions can be integrated into Nigerian law.

According to the plaintiffs, since many states did not approve the EFCC’s Establishment Act, its provisions should not apply to them, and thereby any agency established under this law should be deemed illegal.

During the proceedings on Tuesday, attorneys representing the states outlined their arguments. While most states aimed to join as co-plaintiffs, two suggested consolidating the case. Kogi’s Attorney General’s counsel, Abdulwahab Mohammed (SAN), informed the court that of the approximately 15 states, 13 expressed a desire to join as co-plaintiffs, while only two sought consolidation. He urged the court to facilitate a streamlined process moving forward.

Justice Uwani Abba-Aji granted the requests and scheduled the case for a hearing on October 22. Kogi State’s Attorney General has filed the lawsuit under the reference SC/CV/178/2023 against the Attorney-General of the Federation as the sole defendant. In their originating summons, led by a team of lawyers including Prof. Musa Yakubu (SAN), the state posed six critical questions and sought nine declarations.

Among the main reliefs requested are declarations affirming that the Federal Government, through the NFIU or any federal agency, lacks the authority to issue directives regarding the management of funds belonging to Kogi State and its local government areas. The plaintiffs also seek a ruling that the EFCC, NFIU, or any federal agency cannot investigate or make inquiries about the administration of Kogi’s state funds.