Following the case brought by 19 states contesting the validity of the legislation creating the Economic and Financial Crimes Commission (EFCC), the Supreme Court reserved decision on Tuesday.
The Supreme Court is scheduled to make a decision today in response to the lawsuit brought by the 19 state governments challenging the validity of the legislation that created the nation’s Economic and Financial Crimes Commission.
The supreme court’s ruling, which would confirm the legality of the anti-graft commission, is anxiously anticipated by the governors and the EFCC.
In their lawsuit, the state governments claimed that the Supreme Court had ruled in Dr. Joseph Nwobike v. Federal Republic of Nigeria that the EFCC Establishment Act was a reduction of a United Nations Convention against corruption and that the 1999 Constitution’s amended Section 12 had not been adhered to when the law was passed in 2004.
They maintained that Section 12 must be followed in order to incorporate a convention into Nigerian law.
The Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger joined the lawsuit, which was started by the Kogi State government.
On Tuesday, a seven-judge panel headed by Justice Uwani Abba-Aji set October 22 as the date for hearing.
However, those advocating for an overhaul of their organization are “feeling the heat of its work,” according to the EFCC, which expressed dismay over the request.
Wilson Uwujaren, the Director of Public Affairs at the EFCC, said this during an appearance on Monday’s episode of The Morning Brief on Channels Television. Uwujaren supported the commission’s importance, saying that Nigerians must combat corruption.
“We are shocked by what is happening. Nigerians should see through this shenanigan and oppose it because I don’t see how this country can survive without the EFCC, given the kind of corruption problem that we have. Nigeria cannot do without the EFCC.
“I am worried that, with the kind of problem we have with corruption in this country, some people would go to court to challenge the legality of the EFCC.
In a letter to the National Assembly, Agbakoba, a former president of the Nigerian Bar Association, discussed constitutional concerns pertaining to Nigerian law enforcement and obstacles to the government’s goal of eradicating corruption, as stipulated in Section 13 of the Constitution.
In particular, Kogi State, the case’s original state, requested nine major reliefs while posing six questions for the supreme court to decide.
“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,” was among the things it asked the Supreme Court to do.
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.