On October 22, the Supreme Court will hear a case challenging the constitutionality of the law that established the Economic and Financial Crimes Commission (EFCC).
Gatekeepers News reports that the suit was filed by the Kogi government, with the support of 15 other states, and the court has granted permission to consolidate the case.
The plaintiffs argue that the EFCC Act, enacted in 2004, did not adhere to the constitutional process for incorporating international treaties into domestic law.
They contend that the approval of a majority of state houses of assembly was bypassed in the process of passing the EFCC Act and similar laws.
In their current suit, the plaintiffs noted that the EFCC Act cannot be applied to states that did not give their consent to its creation.
Consequently, they argued that any institution established under such circumstances, including the EFCC, should be deemed unconstitutional and illegal.
In the originating summons filed by a team of lawyers led by Musa Yakubu, the Kogi state government had raised six questions for determination and sought nine reliefs.
The Kogi government sought a declaration that the “federal government, through the Nigerian Financial Intelligence Unit (NFIU), lacked the power to issue any directive, guideline, advisory, or any instrument howsoever called for the administration and management of funds belonging to the state”.
The government also sought a declaration that the “EFCC, NFIU, or any agency of the federal government cannot investigate, requisition documents, invite, or arrest anyone for offences arising from or touching on the administration and management of funds belonging to the state”.
