The Kogi State government, after months of shielding former governor Yahaya Bello from arrest, is in the suit challenging the constitutionality of the law that established the Economic and Financial Crimes Commission and two other entities.
The Supreme Court has fixed October 22, 2024 to hear a lawsuit filed by the Kogi State government against the Establishment Act of the Economic and Financial Crimes Commission (EFCC).
The Kogi State government, after months of shielding former governor Yahaya Bello from arrest, is in the suit challenging the constitutionality of the law that established the Economic and Financial Crimes Commission and two other entities.
The case, marked SC/CV/178/2023, instituted by Kogi State government was joined by 15 other state governors including Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger state governors.
A seven-member panel of Justices, led by Justice Uwani Abba-Aji, set October 22 for hearing after the court joined the other states as co-plaintiffs and granted a request to consolidate the suit initially filed by the Kogi State government through its Attorney General.
This suit came amid the EFCC’s pursuit of a trial against former Kogi Governor Yahaya Bello for alleged fraud involving N110billion.
During Tuesday’s proceedings, the lawyers representing the states made their arguments, and while most states sought to join as co-plaintiffs, two states requested an order for consolidation of the cases.
Abdulwahab Mohammed (SAN), representing Kogi State, informed the court that many states wanted to be co-plaintiffs.
Mohammed said, “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 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.”
To streamline the process, Mohammed suggested that those seeking to join as co-plaintiffs be added to the case and abide by the previously filed documents, while those pursuing consolidation be required to file within seven days.
The 16 states expressed their belief that the constitution stands as the highest authority, asserting that any law that contradicts it is rendered void.
The plaintiffs contended that in the case of Dr. Joseph Nwobike vs. Federal Republic of Nigeria, the Supreme Court determined that a United Nations Convention against corruption was incorporated into the EFCC Establishment Act.
They argued that when this law was enacted in 2004, the provisions outlined in Section 12 of the amended 1999 Constitution were not adhered to.
They also argued that the Constitution requires a majority of the state Houses of Assembly to consent to convene before enacting the EFCC Act and similar legislation, a step that was allegedly never taken.
The states emphasised in their suit, supported by a previous Supreme Court ruling, that the law, as it was established, cannot be enforced in states that did not give their consent, in line with the stipulations of the constitution.
Following the submissions, Justice Abba-Aji granted the requests and adjourned the case to October 22 for a hearing.
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