National news
EFCC: Supreme Court Sets October 22 To Hear Suit By 16 State Govts
The Supreme Court has set October 22 for the hearing of a suit filed by 16 state governments challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission, EFCC, and two others.
A seven-man panel of justice, led by Justice Uwani Abba-Aji, set the date after the states were joined as co-plaintiffs and leave granted for consolidation of the case in the suit originally filed by the Kogi State Government through its Attorney General .
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The states that joined in the suit includes Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River and Niger.
The 16 states are relying on the fact that the Constitution is the supreme law and any law that is inconsistent with it is a nullity.
The plaintiffs argued that the Supreme Court, in Dr. Joseph Nwobike Vs Federal Republic of Nigeria, had held that it was a UN Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.
They argue that bringing a convention into the Nigerian law, the provision of Section 12 must be complied with.
According to them, the provision of the Constitution necessitated the majority of the states’ Houses of Assembly agreeing to bringing the convention in before passing the EFCC Act and others, which was allegedly never done.
The argument of the states in their present suit, which had reportedly been corroborated by the Supreme Court in the previous case mentioned, is that the law, as enacted, could not be applied to states that never approved of it, in accordance with the provisions of the Nigerian constitution.
Hence, they argued that any institution so formed should be regarded as an illegal institution.
When the case was called, majority sought to be joined as co-plaintiffs, while two of states prayed for an order for consolidation of the case.
Counsel to Kogi State Government and Attorney General, Abdulwahab Mohammed, informed the court that there were states that indicated interest in consolidation of the case and those seeking to be joined as co-plaintiffs.
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“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,” Mohammed said.
After the lawyers’ submissions, Justice Abba-Aji granted their prayers and then adjourned the matter until October 22 for hearing.
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