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States offer conflicting reasons for suing EFCC, NFIU in Supreme Court
New details have emerged as 16 state governments filed a lawsuit in the Supreme Court, challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and the Nigerian Financial Intelligence Unit (NFIU).
The case, numbered SC/CV/178/2023, was initially brought by the Kogi State Government, represented by Attorney General Muiz Abdullahi SAN.
On Tuesday, 15 other states joined as co-plaintiffs, including Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger.
The states argue that the creation of these agencies violated constitutional provisions, claiming that the EFCC Act was not properly ratified by a majority of the states’ Houses of Assembly, as required by law.
A seven-member panel of Supreme Court justices, led by Justice Uwani Abba-Aji, has set the hearing date for October 22 and allowed the consolidation of the case on Tuesday.
Sources have linked the suit to ongoing legal battles between the EFCC and former Kogi State Governor, Yahaya Bello, over allegations of misappropriating N110 billion.
Additionally, the EFCC recently reopened cases involving over N772 billion in alleged money laundering, targeting 13 former governors and ministers.
Among the high-profile cases are accusations against former Ekiti State governors Kayode Fayemi and Ayo Fayose, and current Minister Bello Matawalle, among others.
The list of prominent figures under investigation includes former Rivers State Governor Peter Odili, former Kano State Governor Rabiu Kwankwaso, and former Bayelsa State Governor Timipre Sylva.
Speaking to The PUNCH, EFCC’s Head of Media and Publicity, Dele Oyewale, suggested that the lawsuit reflected the commission’s effectiveness in its anti-corruption efforts.
He said, “As a matter of fact, the actions are coming based on what the commission is doing. If we were not doing our work and generating the necessary action against corrupt practices, the kind of concerted hostility the commission is experiencing would not arise. I think this is an appraisal of the work the commission is doing and its effectiveness.
“Whatever they are doing, there is no way it can stand. Yes, the matter is before the court, and the court is the only institution to adjudicate on the matter.”
Despite these legal proceedings, some states have offered conflicting reasons for their involvement in the case.
Oyo State’s Commissioner for Information, Dotun Oyelade, explained that their government was motivated by legal concerns regarding the statutes of the EFCC.
He said, “With respect to what might be the statutes of the EFCC, if legal lacunae are observed, it is not going to be business as usual, nor will it be a factor of which political party you belong to.”
However, Ogun State’s Special Adviser on Media, Kayode Akinmade, denied any connection to Kogi’s suit, instead pointing out that Ogun had filed its own challenge against the NFIU’s restrictive policies on state financial transactions.
He said, “It is not true that we filed a suit to challenge the constitutionality of the EFCC. What we filed was a suit to challenge the constitutionality of some policies of the NFIU restricting the access of state governments to their money by for example limiting how much they withdraw in cash. We did not even join Kogi’s suit. We filed our own.”
Cross River, Plateau, and Katsina states either denied their involvement or declined to comment, adding layers of complexity to the unfolding legal dispute.
The Cross River State Commissioner for Information, Erasmus Ekpang, also told The PUNCH that the state was not involved in the case despite being on the list.
He said, “What Cross River State joined was the previous suit instituted by the Kogi State Government against the National Financial Intelligence Unit, and it was done under the previous administration of Ben Ayade.”
Ekpang said the case was to challenge and determine whether the NFIU has the legal standing to investigate how local government funds are appropriated in a state.
The Plateau State Government also denied being involved in the suit, stating it had never called for the scrapping of the EFCC.
The state Commissioner for Information, Musa Ashoms, said, “We have not taken a position on the cancellation of the EFCC as a state. It is a creation of law, and we believe the law should be allowed to take its course on any matter in the country.”
The Nasarawa State Attorney General and Commissioner for Justice, Labaran Magaji, declined comment on the matter.
Similarly, the Katsina State Commissioner of Information, Bala Salisu, said that he wasn’t aware of the case.
As the October 22 hearing date approaches, this legal challenge could have profound implications for the structure and authority of Nigeria’s top anti-corruption institutions.
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