● Imo, Bauchi, Osun Join

The Supreme Court, on Tuesday, reserved judgment in the suit filed by 19 states challenging the constitutionality of the laws that established the EFCC , ICPC and NFIU, to a date to be communicated to the parties.

During the resumed hearing of the suit today, Imo, Bauchi and Osun states joined the suit as co-plaintiffs, while Anambra, Ebonyi and Adamawa states announced their decisions to withdraw their suits.

The Attorney-General of the Federation, Lateef Fagbemi, who was present in the court as the Defendant, had craved the court’s indulgence to take the process they filed on Tuesday morning. Justice Uwani Abba-Aji, thereby granted leave to the defendant to use the reply on point of law filed on Tuesday.

Mohammed Abdulwahab, who appeared for the 1st Plaintiff, pointed out that the amended processes filed by the AGF were different from what had initially been filed, noting that he had to refile his processes to answer to the fresh issues and facts.

The old processes were therefore struck out. “I seek your lordship indulgence to adopt the processes. We urge your lordship to grant all the reliefs sought.

“The crux of our suit is the decision of this court. The counsel that represented the appellant in that suit by the rules of this Court Order 4, will be called to address this court. He participated in the bill that birthed the EFCC and ICPC together,” he said.

The judge asked who the Counsel was, and Wahab, replied: Chief Kanu Agabi. “Chief Kanu Agabi, told this court that it was the Convention of the UN that reduced this into law. Section 12, that provision was never followed.

“This fact was not an issue with the case of AG Ondo Vs AG Federation. So there is a specific provision for bringing a convention in. You cannot just be talking about Items 7 of 8.

“We are also challenging the foundation of those laws that created NIFU, EFCC, etc. in order not to create a constitutional crisis.

“We urge you to allow our appeal and award heavy cost in favour of the Plaintiff on record,” the Counsel said.

In response, Fagbemi, contended that the case of AG Ondo v. AG Federation and other decisions had already settled all the issues raised in the Plaintiffs’ case and that the Supreme Court could not depart from those decisions.

He, therefore, prayed that the suit be dismissed. On AG Ekiti State Vs AGF, Counsel for the Defendant, T. A Gazali, pointed out that the state was not represented at the last sitting and was not also represented on Tuesday.

“We apply that the matter be struck out for want of diligent prosecution my lord,” Gazali prayed. This was granted.

The Attorney-General of Osun State, Oluwole Jimi-Bada, informed the court of their application for consolidation of their suit with that of Kogi State.

“We have an application before your lordship and with your kind permission, we are ready to proceed.

It is an application for consolidation,” he said. The judge, however, said that the interesting thing about the case was that they were already part of the matter.

“So why do you want to consolidate? Judgment has already been reserved.”