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Supreme Court Fixes October 22 to Hear 16 State Govts’ Suit Challenging EFCC Establishment

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The Supreme Court, on Tuesday, fixed October 22 for the hearing of a suit filed by no sixteen state governments challenging the constitutionality of the laws that established the Economic and Financial Crimes Commission (EFCC), and two others.

A seven-man panel of justice, led by Justice Uwani Abba-Aji, fixed the date after the states were joined as co-plaintiffs and leave granted for consolidation of the case in the suit originally filed by the Kogi State Government through its Attorney General (AG).

The states that joined in the suit marked: SC/CV/178/2023 include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River and Niger.

The 16 states are relying on the fact that the Constitution is the supreme law and any law that is inconsistent with it is a nullity.

The Supreme Court, in Dr. Joseph Nwobike Vs Federal Republic of Nigeria, had held that it was a UN Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.

The argument was that, in bringing a convention into Nigerian law, the provision of Section 12 must be complied with.

The States that joined in the suit marked: SC/CV/178/2023 include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River and Niger

The 16 state governors argued that the provision of the Constitution necessitated the majority of the States’ Houses of Assembly agreeing to bringing the convention in before passing the EFCC Act and others, which was allegedly never done.

The argument of the states in their present suit, which had reportedly been corroborated by the Supreme Court in the previous case mentioned, is that the law, as enacted, could not be applied to states that never approved of it, in accordance with the provisions of the Nigerian constitution.

Hence, they argued that any institution so formed should be regarded as an illegal institution.

When the case was called on Tuesday, lawyers, who represented the states, made their submissions.

While majority sought to be joined as co-plaintiffs, two of the states prayed for an order for consolidation of the case.

Kogi State AG’s counsel, Abdulwahab Mohammed, informed the court that there were states that indicated interest in consolidation of the case and those seeking to be joined as co-plaintiffs.

“It is for this honourable court to tell us how to proceed my lord. “Out of about 15 states, there are about 13 of them that have indicated interest to be co-plaintiffs and only two want consolidation.

“To make the task of the court easier, those who want to be be joined as co-plaintiff should be joined and abide by the processes already filed and those who sought consolidation should be asked to file within seven days,” Mohammed said.

After the lawyers’ submissions, Justice Abba-Aji granted their prayers. She adjourned the matter until Oct. 22 for hearing.

The Kogi State AG had initially, in the suit number: SC/CV/178/2023 sued the Attorney-General of the Federation (AGF) as sole defendant. In the originating summons filed by a team of lawyers led by Prof.Musa Yakubu, the state raised six questions for determination and sought nine reliefs.

Among the reliefs being sought are “A declaration that the Federal Government of Nigeria through the Nigerian Financial Intelligence Unit (NFIU) or any agency of the Federal Government lacks the power to issue any directive, guideline, advisory or any instrument howsoever called for the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogt State.

“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 State of Nigeria or any Local Government Area of Kogi State.”

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JUST IN: President Tinubu Extends Customs Boss Adeniyi’s Tenure by One Year

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President Bola Tinubu has approved a one-year extension for the Comptroller-General of the Nigeria Customs Service, Bashir Adewale Adeniyi. Originally set to end in August 2025, his tenure will now continue until August 2026.

According to a statement signed by Special Adviser Bayo Onanuga, the extension aims to give Mr. Adeniyi the opportunity to consolidate key reforms and oversee the completion of major initiatives, including the modernisation of Customs operations, the National Single Window Project, and Nigeria’s obligations under the African Continental Free Trade Area (AfCFTA).

President Tinubu commended Adeniyi’s leadership and expressed confidence that the extension would bolster trade facilitation, boost revenue generation, and enhance border security.

Appointed Comptroller-General in October 2023, Adeniyi recently achieved international recognition when he was elected Chairperson of the Council of the World Customs Organization, the highest decision-making body in global customs affairs.

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Kogi Governor Commends President Tinubu over Abuja-Lokoja Road Reconstruction

The Governor also commended the Works Minister, Engr Dave Imahi for the quality of job on the road.

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The Governor of Kogi State, His Excellency Alh. Ahmed Usman Ododo has commended President Bola Ahmed Tinubu for showing unparalleled commitment towards the completion of the Abuja-Lokoja road Reconstruction, saying his action has demonstrated his unwavering determination to fix the nation’s infrastructure deficit.

The Governor while inspecting a section of the road at Kotonkarfe in Kogi State said the President represents a “coalition of excellence”.

“This is our own coalition. This is what our President is doing and we are grateful to him. This is development”, he said.

The Governor also commended the Works Minister, Engr Dave Imahi for the quality of job on the road.

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JUST IN: Oluremi Tinubu Donates 1 Billion naira to victims of Yelwata attack

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The Wife of the President Oluremi Remi Tinubu has donated the sum of one billion naira to victims of the horrific Yelwata attack in Benue State.

Oluremi Tinubu who announced the donation during her condolence visit to the state, described the killings as very unnecessary.

About 6 weeks after the heart wretching attack on Yelwata community of Guma local council of Benue State State Wife of the President Oluremi Tinubu visits to pay her condolence.

She proceeds to the new banquet hall of the Government house Makurdi where she meets with relevant stakeholders and makes a significant donation on behalf of council of the renewed hope agenda initiative.

Earlier State Governor Hyacinth Alia while appreciating the show of sympathy by the first family renewed his call for the establishment of State police.

Chairman State Council Of Chiefs the Tor Tiv Orchivirigh James Ayatse wants the killer terrorists flushed out of the State and neighbouring Nassarawa State.

He equally called for compensation for victims to rebuild their lives and return back to their ancestral homes.

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