Supreme Court Fixes Date To Hear States’ Suit Challenging the Constitutionality of EFCC Act

The Supreme Court of Nigeria has set October 22 as the hearing date for a lawsuit filed by 16 state governments challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) Establishment Act and other related laws.

The legal action, originally filed by the Kogi State Government, claims that the EFCC Act was enacted without the necessary approval of the majority of state Houses of Assembly, as required by Section 12 of the 1999 Constitution (as amended).

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The states argue that this lack of legislative backing makes the EFCC Act unconstitutional and unenforceable.

Among the states joining the suit are Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, and Enugu. The plaintiffs insist that the Constitution supersedes any law that conflicts with its provisions, making the EFCC Act invalid in its current form.

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The case has drawn significant attention due to its potential impact on the powers of federal agencies to investigate and manage funds at the state level. The Kogi State Attorney General is leading the suit, with Abdulwahab Mohammed representing the state. The outcome could reshape the legal landscape for federal-state relations in Nigeria regarding financial oversight and anti-corruption efforts.

The Supreme Court has granted requests from several states to be joined as co-plaintiffs, while others sought case consolidation.

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The hearing on October 22 will mark a critical juncture in this constitutional battle, as the court will determine whether the EFCC Act and similar laws comply with Nigeria’s constitutional framework.