News

Supreme Court Set to Rule on the Constitutionality of Controversial Federal Laws in Landmark Case

Published by Tope Fakinlede on October 10th, 2024.

Supreme Court Set to Rule on the Constitutionality of Controversial Federal Laws in Landmark Case

Court

As the Supreme Court of Nigeria prepares to hear the pivotal case of Kogi State Attorney General and 16 Others v. Attorney General of the Federation (AGF), the nation awaits a decision that could significantly impact federal-state relations.

Scheduled for a hearing on October 22, 2024, the case raises critical questions about the constitutionality of certain federal acts, particularly those related to the Economic and Financial Crimes Commission (EFCC). Legal experts are optimistic that the court will uphold justice, given the clear legal principles at stake and the commitment of Hon. Justice Kudirat Kekere-Ekun to maintain judicial integrity.

This case touches on fundamental issues of federalism and the rule of law. Citing the principle established in Macfoy v. UAC, the argument asserts that any law enacted without proper legislative procedure is null and void. Specifically, the EFCC Act and similar legislation were enacted without the necessary consultation with state governments, violating the provisions of Section 12 of the 1999 Constitution.

Moreover, the challenged acts pertain to areas not listed under the exclusive legislative list, meaning the National Assembly should have engaged the states before passing such laws. The defense’s claim that state concurrence was unnecessary is viewed as fundamentally flawed.

As the Supreme Court approaches this case, it is called to affirm its role as a guardian of constitutional integrity, much like its decisive ruling in the recent Naira redesign case. The outcome will have lasting implications for Nigeria’s federal structure and governance.

U. F. Umoru, Esq.

Bashar Road,

Kongo

Campus, Zaria