Sixteen state governments don carry one consolidated suit go Supreme Court, challenging the law wey establish the Economic and Financial Crimes Commission (EFCC). This case dey set for hearing on October 22, and all eyes dey on the Supreme Court to see how dem go rule on the matter.
The state governments wey file this suit claim say the EFCC Act no follow the proper procedure for enactment. Dem argue say according to Section 12(3) of the constitution, majority of the state Houses of Assembly must agree before the EFCC Act can be validly enacted. Dem also claim say the EFCC Act, as it dey now, no fit apply to states wey never approve am.
Some of the things dem dey ask the court to declare include: say the Federal Government, through the Nigerian Financial Intelligence Unit (NFIU) or any other agency, no get the power to issue directives or guidelines for the administration and management of state funds. Dem also want the court to declare say the EFCC, NFIU, or any Federal Government agency no fit investigate, requisition documents, invite or arrest anyone concerning offences related to the administration and management of state or local government funds.
Before this consolidated case, several state governments had gone to court singly to challenge the EFCC’s powers to probe their state finances. For example, the Kogi State Government had claimed transparency after the EFCC invited its officials to answer criminal allegations related to the alleged withdrawal of N46bn from the state’s bank accounts. In May 2023, a Federal High Court in Awka, Anambra State, dismissed a suit filed by the Anambra State Government challenging the EFCC’s power to investigate its finances.
The Rivers State Government had also challenged the directive of the Attorney-General of the Federation to the EFCC to investigate the state over withdrawal of funds. The Oyo State Government too had instituted a case, arguing that the EFCC’s actions were denuding the powers of the state governor as contained in section 176 of the constitution.
