FG Urges Supreme Court to Dismiss Suit Challenging Constitutionality of EFCC

Abuja, NIGERIA — The Federal Government has formally urged the Supreme Court of Nigeria to dismiss a lawsuit initiated by 19 state governments that challenges the constitutionality of laws establishing anti-corruption agencies in the country.

The suit has sparked considerable debate over the powers and roles of these agencies, particularly the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

On October 17, 2024, Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, submitted a preliminary objection, leading a legal team that included the Director of Civil Appeals, T.A. Gazali, SAN. In this objection, the Federal Government contended that the Supreme Court lacks jurisdiction to entertain the suit, which Fagbemi described as an abuse of the court’s process.

The plaintiffs in the case consist of state governments from Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Anambra, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Adamawa, Taraba, Ebonyi, and Imo. Initially, the Kogi State government filed the lawsuit, later joined by 18 other states, seeking to contest the legality of the laws that established the EFCC. This coalition of states raises significant questions regarding the role of state governments in challenging federal institutions.

Interestingly, some states involved in the suit, such as Nasarawa and Ogun, are focusing specifically on contesting the Nigerian Financial Intelligence Unit’s (NFIU) cash withdrawal limit guidelines, rather than the broader issues surrounding the EFCC and ICPC.

In his legal arguments, Fagbemi asserted that the grievances articulated by the plaintiffs arise from the actions of federal agencies, particularly the EFCC and ICPC. He underscored that the constitutionality of the ICPC and the EFCC (Establishment) Act has been conclusively determined by the Supreme Court in multiple cases. This precedent suggests that the courts have already addressed the fundamental issues at stake in the current suit.

Moreover, Fagbemi emphasized that various courts across Nigeria have affirmed the powers of the EFCC and ICPC to prosecute individuals accused of financial crimes and corruption. He pointed out that the Supreme Court has repeatedly upheld the legal foundations upon which these agencies operate. Additionally, he noted that the NFIU’s authority to issue regulations and guidelines has been validated by decisions from both the Federal High Court and the Court of Appeal.

In his objection, Fagbemi further argued that the plaintiffs’ suit is barred by legal principles such as res judicata and issue estoppel. These principles prevent a party from re-litigating issues that have already been settled by the courts, reinforcing the notion that the matters at hand have been previously adjudicated.

As the legal battle unfolds, the Supreme Court has scheduled a hearing on this matter for Tuesday, October 22, 2024. The outcome of this case could have far-reaching implications for the governance and operational frameworks of Nigeria’s anti-corruption agencies, as well as the relationship between federal and state authorities in the country. Legal experts and observers are closely monitoring this case, recognizing its potential to shape the landscape of anti-corruption efforts in Nigeria and the accountability of public officials.