The fate of the anti-graft agency, the Economic Financial Crimes Commission (EFCC), continues to hang in the balance as the Supreme Court of Nigeria on Tuesday reserved judgement on the suit filed by some states of the federation seeking to scrap the commission.

The seven-member panel of justices led by Justice Uwani Abba-Aji, after listening to the arguments of the plaintiffs and the respondents on Tuesday, reserved their judgement to a date that will be communicated to the concerned parties.

The case, marked SC/CV/178/2023, was initially brought to the apex court by the Kogi State Government and later joined by 15 other states, all contesting the constitutionality of the EFCC’s establishment. The other states in the suit are Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River and Niger. Although Anambra, Adamawa, and Ebonyi expressed their interests, they later withdrew.

This case is also coming now that the former Kogi state governor, Yahaya Bello, is wrestling with the EFCC on corruption charges. Having ignored and eluded the anti-graft agency a couple of times, the commission declared him wanted, even though he later showed up at the EFCC premises without being arrested.

The subsequent move by the states to void the law establishing the EFCC has raised eyebrows across the country as many Nigerians reacted that the state governments are avoiding financial accountability, hence their request for the scrapping of the institution, which was established over a decade ago.

However, the state governments remained unperturbed as they approached the Supreme Court, banking on the jurisdictional validity to argue that the process for establishing EFCC was not supported by at least two-thirds of the states of the federation, as stated by the Nigerian constitution.

In his argument, the Attorney General of Kogi State, Abdulwahab Mohammed, said that the EFCC was established as a proceeding of a convention and a recommendation of a United Nations Convention. Nigeria is a signatory to the treaty.

They further asserted that the EFCC (Establishment) Act 2004 did not comply with Section 12 of the 1999 Constitution (as amended), which states thereby claiming that the EFCC Act, could not be applied to states that never approved of it and therefore pray that the Supreme Court should declare that any institution, such as the EFCC, should be regarded as an illegal body.

The drama of States’ Withdrawal and Joinder
Three states announced their withdrawal from the suit while another state joined.

Three states Anambra, Adamawa, and Ebonyi announced their withdrawal while Osun state aligned itself with those challenging the constitutionality of the EFCC establishment.

The Attorney General of Anambra state, Prof. Sylvia Ifemeje, told the Justices that it was no longer willing to be a part of the legal action. She further revealed that the state’s withdrawal notice dated October 20 was with the Court.
Adamawa state, through its Attorney General Mr. J. I. Jingi, said it had on October 14, filed a notice of withdrawal. Ebonyi state, which was initially listed as the 18th plaintiff, through its counsel, Mr. Ikenna Nwidagu, also applied to withdraw from the matter.

Their requests to pull out of the case were not opposed by the Attorney-General of Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, who is the sole defendant in the matter.

Consequently, the apex court panel, led by Justice Uwani Abba-Aji, struck out Anambra, Adamawa, and Ebonyi states as the 9th, 16th and 18th plaintiffs in the suit.

But Osun state, through its Attorney-General, Mr Oluwole Bada, applied to be allowed to add its grievance against the operations of the EFCC, with that of Kogi state.

Prayers of the Plaintiffs
In their prayers, they asked the apex court to rule in their favour and declare that the “Federal Government, through the Nigerian Financial Intelligence Unit (NFIU) or any other agency, lacks the power to issue any directive, guideline, advisory or any instrument howsoever called for the administration and management of funds belonging to a state.

They also wanted “a declaration that the EFCC, the 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 a state or any local government area.”

In response to the plaintiffs’ argument, the Attorney General of the Federation, Lateef Fagbemi, stated that the EFCC was not established solely on the recommendation of the UN Convention. He cited Section 15(5) of the 1999 Constitution, which states that “the State shall abolish all corrupt practices and abuse of power,” claiming that this provision serves as the legal basis for the EFCC’s existence.

As a result, the Attorney General urged the court to reject the states’ application, arguing that allowing it would give the impression that the Supreme Court supports corruption in the country.

Although the Supreme Court has yet to issue a ruling, anticipation is growing for what may be one of the most important precedents in Nigeria’s legal system and institutional structure.