Pecohub The Supreme Court of Nigeria has set October 22 as the hearing date for a pivotal lawsuit challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) Establishment Act.
A coalition of 16 state governments, including Enugu and Anambra, is contesting the legitimacy of the Act alongside other key legislation.
This legal challenge was initially spearheaded by the Kogi State Government and has since gained momentum, with several states, including Enugu and Anambra, joining as co-plaintiffs. A panel of seven justices, led by Justice Uwani Abba-Aji, will preside over the case. The court has allowed the states to join forces in their legal action and has approved consolidation of the cases for efficiency.
Enugu and Anambra, along with Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Benue, Plateau, Cross-River, and Niger, argue that the EFCC Establishment Act, as well as related laws, contravene Nigeria’s constitution. The states maintain that the Constitution mandates the consent of the majority of state Houses of Assembly before such federal laws can take effect within states. According to the plaintiffs, this process was bypassed when the EFCC Act was enacted in 2004.
The plaintiffs are drawing upon the Supreme Court’s ruling in the case of Dr. Joseph Nwobike vs. Federal Republic of Nigeria, in which the court found that the United Nations Convention against Corruption was improperly incorporated into the EFCC Act without adhering to the constitutional process.
In his statement to the court, Kogi’s Attorney General, Abdulwahab Mohammed, SAN, highlighted that various states expressed their intent to consolidate the cases or join as co-plaintiffs, signaling the widespread discontent with the federal legislation. He urged the court to streamline the process by allowing these states to be recognized as co-plaintiffs or, where necessary, to file additional consolidation requests within seven days.
The outcome of this case will have far-reaching implications for the enforcement of federal laws in Nigerian states, particularly in relation to anti-corruption efforts spearheaded by the EFCC. For Enugu and Anambra, the case represents a critical moment in asserting state rights and challenging what they see as federal overreach.
