List of 16 States that Challenge EFCC in Supreme Court Amid Ongoing N776bn Fraud Investigations
Recent developments indicate that 16 state governments have filed a lawsuit with the Supreme Court to contest the legality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and the Nigerian Financial Intelligence Unit (NFIU).
The case, designated SC/CV/178/2023, was initially submitted by Kogi State’s Attorney General, Muiz Abdullahi SAN, with 15 other states joining as co-plaintiffs. The participating states include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger.
The states argue that the creation of these agencies violates constitutional requirements, specifically the need for approval from a majority of the Houses of Assembly before enacting the EFCC Act. Following discussions, a seven-member panel of justices, led by Justice Uwani Abba-Aji, scheduled a hearing for October 22 and approved the consolidation of the case.
Sources suggest that the lawsuit may be linked to a prolonged legal conflict involving former Kogi Governor Yahaya Bello and the EFCC over alleged misappropriation of N110bn. The EFCC recently revived investigations into N772bn related to money laundering involving 13 former governors and ministers.
The EFCC announced in January 2024 the reactivation of cases including a diverted $2.2bn connected to former governors from Ekiti, Zamfara, Enugu, Nasarawa, and Kano, among others.
In a statement, EFCC Head of Media and Publicity, Dele Oyewale, commented that the lawsuit reflects the commission’s commitment to combating corruption. He stated, “These actions stem from our effectiveness. If we weren’t doing our job, such hostility wouldn’t arise. The court will ultimately decide the matter.”
However, reactions from the states involved in the suit reveal conflicting perspectives. Oyo State’s Commissioner for Information, Dotun Oyelade, described the legal challenge as consistent with the state’s legal principles, emphasizing a commitment to addressing any legal gaps.
Conversely, Ogun State’s Special Adviser on Media and Strategy, Kayode Akinmade, clarified that their lawsuit specifically contests certain NFIU policies that limit state access to funds, not the constitutionality of the EFCC itself.
Cross River State’s Commissioner for Information, Erasmus Ekpang, stated that the state did not join the current case, although it participated in a previous lawsuit against the NFIU under the prior administration.
The Plateau State Government also distanced itself from the suit, with Commissioner Musa Ashoms asserting that the state has not called for the EFCC’s dissolution.
The Nasarawa State Attorney General declined to comment, while Katsina’s Commissioner of Information expressed unfamiliarity with the case.
Efforts to reach other state officials for comments have largely gone unanswered. As of now, several commissioners have not responded to inquiries regarding their states’ involvement.
