Enugu, 15 Other States Drag EFCC, ICPC to Supreme Court

The Supreme Court has scheduled October 22, 2024, for a hearing on a case brought by 16 state governments challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices Commission (ICPC), and other related institutions. The case, originally filed by the Kogi State Government through its Attorney General, now includes the states of Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger, who have joined as co-plaintiffs.

The states argue that the 1999 Constitution of Nigeria is the supreme law, and any law inconsistent with it is null and void. The core of their argument centers around the EFCC Establishment Act, which was derived from a United Nations Convention against corruption. According to the plaintiffs, when this law was enacted in 2004, the requirements of Section 12 of the Nigerian Constitution were not followed.

The plaintiffs emphasized that Section 12 stipulates that for any international convention to be incorporated into Nigerian law, it must first be approved by the majority of the state Houses of Assembly. They argue that this step was never taken in the case of the EFCC Act, making the commission's legal foundation flawed.

In a previous case, Dr. Joseph Nwobike Vs. Federal Republic of Nigeria, the Supreme Court reportedly confirmed that the EFCC law was based on the UN Convention. The current plaintiffs are building their case on this precedent, contending that since the proper constitutional procedures were not followed, the EFCC and other institutions formed under similar circumstances should be deemed unconstitutional.

During the court session, lawyers representing the states presented their submissions, with many seeking to be added as co-plaintiffs in the case. Two states also requested the consolidation of the cases to streamline the legal process.

The Supreme Court has now granted consolidation and set the next hearing for October 22, 2024, to further deliberate on the constitutionality of these institutions. This case could have significant implications for the future of anti-corruption agencies in Nigeria.

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