At least 16 state governments have united to challenge the constitutionality of the Economic and Financial Crimes Commission (EFCC) and two other federal institutions. The Supreme Court has fixed October 22 for a decisive hearing on the suit, marking a major confrontation between state governments and the federal government over control of anti-corruption enforcement.
The seven-member panel of justices, led by Justice Uwani Abba-Aji, granted the states leave to join the original case filed by the Kogi State Government under suit number SC/CV/178/2023. In a bold move, the states are contesting the legitimacy of the EFCC Act, arguing that it was enacted without following the constitutional process required for incorporating international conventions into Nigerian law.
The 16 states—Kogi, Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger—are challenging the validity of the EFCC and the Nigerian Financial Intelligence Unit (NFIU). They argue that the EFCC Act was derived from a UN anti-corruption convention without the necessary approval of the majority of state Houses of Assembly, as mandated by Section 12 of the 1999 Constitution.
The plaintiffs insist that since this crucial step was bypassed, the law governing the EFCC is void and cannot be enforced within states that did not consent to it. “Any institution established under such flawed legislation must be deemed illegal,” they argued, referencing the Supreme Court’s previous stance in the Dr. Joseph Nwobike Vs. Federal Republic of Nigeria case.
The suit, originally filed by Kogi’s Attorney-General, Abdulwahab Mohammed, SAN, targets the Attorney-General of the Federation (AGF) as the sole defendant. Kogi is seeking declarations that the NFIU, EFCC, or any federal agency lacks the authority to control how state funds are managed. The state also demands that these agencies be barred from investigating or arresting individuals over state financial matters, framing such actions as illegal overreach.
The legal team representing Kogi, led by Prof. Musa Yakubu, SAN, raised six critical questions for the court’s determination and is seeking nine sweeping reliefs, including a declaration that the federal government has no jurisdiction over state funds.
During Tuesday’s proceedings, multiple states formally expressed interest in joining the lawsuit as co-plaintiffs, further escalating tensions. Others requested that their cases be consolidated into a single legal challenge. Justice Abba-Aji granted both requests, setting the stage for what could become one of the most significant constitutional cases in recent years.
“This is no ordinary matter. It’s about who controls power—states or the federal government,” a senior legal expert remarked, underscoring the gravity of the case.
Kogi’s counsel, Mohammed, noted: “Out of about 15 states, 13 have chosen to join as co-plaintiffs, and two are seeking consolidation. We are now prepared to move forward.”
The upcoming October 22 hearing promises to be a landmark moment in the ongoing power struggle between Nigeria’s federal and state governments. With control over anti-corruption enforcement and state funds at stake, the outcome could redefine the limits of federal authority in Nigeria.
Governor Ademola Adeleke of Osun State has already thrown his weight behind the states’ legal offensive, with insiders hinting that more states might join the suit before the next hearing.
