The Federal Government of Nigeria has asked the Supreme Court to dismiss a suit filed by 19 state governments that challenges the constitutionality of the laws establishing anti-corruption agencies like the Economic and Financial Crimes Commission (EFCC) and the Nigerian Financial Intelligence Unit (NFIU).
In a preliminary objection filed on October 17, 2024, the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, argued that the Supreme Court lacks jurisdiction to entertain the suit. Fagbemi described the suit as an abuse of the court process.
The states involved in the suit include Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Anambra, Plateau, Cross-River, Ondo, Niger, Edo, Bauchi, Adamawa, Taraba, Ebonyi, and Imo. The suit was initially instituted by Kogi State and later joined by the other 18 states.
Fagbemi emphasized that the issue of the constitutionality of the EFCC and ICPC has been previously decided by the Supreme Court in several cases. He also noted that the powers of the EFCC and ICPC to prosecute individuals have been pronounced on by various courts in Nigeria.
The AGF further explained that the NFIU’s power to issue regulations and guidelines has been settled by the Federal High Court and the Court of Appeal. He argued that the plaintiffs’ suit is barred by the principles of res judicata and issue estoppel and should be struck out.
The Supreme Court has scheduled a hearing on the suit for Tuesday, October 22.
