Battle Over Justice Federal Government Urges Supreme Court To Quash Lawsuit Against EFCC

Battle Over Justice Federal Government Urges Supreme Court To Quash Lawsuit Against EFCC

The Federal Government has urged the Supreme Court to dismiss a lawsuit brought by 19 state governments that seeks to declare the Economic and Financial Crimes Commission (EFCC) illegal…..CONTINUE READING

Representing the government, Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, argued against the validity of the suit on Tuesday, claiming it undermines ongoing efforts to combat corruption and financial crimes across Nigeria.

During the proceedings, the Attorney-General referenced a preliminary objection and counter-affidavit submitted by the Federal Government on October 18, which questioned the legal basis of the state governments’ claims.

Fagbemi asserted that the EFCC was established in accordance with Section 15(5) of the 1999 Constitution and countered the plaintiffs’ claim that the EFCC Act originated from an improperly domesticated international convention.

“I urge my lords to dismiss this suit entirely; otherwise, tomorrow, the public will believe that the Supreme Court has stated we should stop fighting corruption,” he argued, emphasizing the potential implications for previous convictions if the plaintiffs were to prevail.

This objection was made as three states—Anambra, Adamawa, and Ebonyi—withdrew from the legal action shortly before the hearing began. Anambra’s Attorney General, Prof. Sylvia Ifemeje, informed the Supreme Court that her state was no longer interested in the case originally initiated by Kogi state. She stated the withdrawal notice was dated October 20.

Similarly, Adamawa state, through its Attorney General, Mr. J. I. Jingi, communicated its withdrawal on October 14. Ebonyi state also requested to withdraw, which was unopposed by the Attorney-General of the Federation, leading to their names being struck from the list of plaintiffs.

In contrast, Osun state sought to consolidate its grievances against the EFCC with those of Kogi state, indicating that it had filed a separate suit for similar reliefs.

The ongoing case, originally filed by Kogi state, challenges the legality of the EFCC, with plaintiffs arguing it was not properly established by former President Olusegun Obasanjo’s administration. They contend that the EFCC was created in violation of Section 12 of the 1999 Constitution, which mandates that a majority of state Houses of Assembly must approve the establishment of such agencies.

Kogi state raised six questions for the Supreme Court to consider and sought nine principal reliefs, including declarations that the EFCC and the Nigerian Financial Intelligence Unit (NFIU) lack authority over funds belonging to Kogi state or its local government areas.

After hearing both sides, Justice Abba-Aji and the panel reserved judgment, stating it would be communicated to all parties involved, noting that the ruling would be binding on all states.