Suspense as S’Court rules on 16 govs’ suit against EFCC today

Following the suit filed by the 19 state governments contesting the constitutionality of the laws that established the Economic and Financial Crimes Commission in the country, the Supreme Court is set to rule on their request today.

The governors and the EFCC are eagerly awaiting the judgment of the apex court, which would confirm the legality or otherwise of the anti-graft commission.

The state governments, in their suit, had argued that the Supreme Court, in Dr Joseph Nwobike Vs Federal Republic of Nigeria, held that it was a United Nations Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting the law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.

They argued that in bringing a convention into Nigerian law, the provision of Section 12 must be complied with.

According to the plaintiffs, the provision of the Constitution necessitated the majority of the states’ houses of assembly agreeing to bring the convention in before passing the EFCC Act and others, which was allegedly never done.

The argument of the states in their present suit, which had reportedly been corroborated by the Supreme Court in the previous case mentioned, is that the law, as enacted, could not be applied to states that never approved of it, in accordance with the provisions of the Nigerian constitution.

Hence, they argued that any institution so formed should be regarded as an illegal institution.

The suit was initiated by the Kogi State government and joined by the Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River and Niger.

A seven-member panel of justices, led by Justice Uwani Abba-Aji, on Tuesday, fixed October 22 for a hearing.

The EFCC, however, expressed dismay over the call for the overhaul of their institution, stating that those pushing for such are “feeling the heat of its work.”

The EFCC’s Director of Public Affairs, Wilson Uwujaren, disclosed this in an interview on Channels Television’s The Morning Brief programme on Monday.

Uwujaren defended the significance of the commission, stating that Nigerians needed to fight against corruption.

“We are shocked by what is happening. Nigerians should see through this shenanigan and oppose it because I don’t see how this country can survive without the EFCC, given the kind of corruption problem that we have. Nigeria cannot do without the EFCC.

“I am worried that, with the kind of problem we have with corruption in this country, some people would go to court to challenge the legality of the EFCC.

“For citizens in their states, I am not sure that the EFCC is their greatest problem. I doubt that this is the case. What you see playing out is simply people who are feeling the heat of the work of the EFCC and who want to derail what is going on within the EFCC.

“They see the EFCC as a threat, which is what is playing out. I think Nigerians can see through the gimmick of those who are behind the challenge to the legality of the commission,” Uwujaren said.

The EFCC official noted that those behind the call for the overhaul were determined to “derail” the commission’s anti-corruption fight.

“So, people who are concerned about transparency and accountability will wish for the EFCC to be ‘killed’. Let me use the word ‘killed’ because that is the agenda.

“They simply want to derail the fight against corruption because they don’t want accountability in their domains,” he said.

Meanwhile, lawyers and Senior Advocates, Dr Olisa Agbakoba and Femi Falana, have expressed divergent views on the constitutionality of the EFCC.

Following the suit filed by the 19 state governments contesting the constitutionality of the laws that established the Economic and Financial Crimes Commission in the country, the Supreme Court is set to rule on their request today.

The governors and the EFCC are eagerly awaiting the judgment of the apex court, which would confirm the legality or otherwise of the anti-graft commission.

The state governments, in their suit, had argued that the Supreme Court, in Dr Joseph Nwobike Vs Federal Republic of Nigeria, held that it was a United Nations Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting the law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.

They argued that in bringing a convention into Nigerian law, the provision of Section 12 must be complied with.

According to the plaintiffs, the provision of the Constitution necessitated the majority of the states’ houses of assembly agreeing to bring the convention in before passing the EFCC Act and others, which was allegedly never done.

The argument of the states in their present suit, which had reportedly been corroborated by the Supreme Court in the previous case mentioned, is that the law, as enacted, could not be applied to states that never approved of it, in accordance with the provisions of the Nigerian constitution.

Hence, they argued that any institution so formed should be regarded as an illegal institution.

The suit was initiated by the Kogi State government and joined by the Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River and Niger.

A seven-member panel of justices, led by Justice Uwani Abba-Aji, on Tuesday, fixed October 22 for a hearing.

The EFCC, however, expressed dismay over the call for the overhaul of their institution, stating that those pushing for such are “feeling the heat of its work.”

The EFCC’s Director of Public Affairs, Wilson Uwujaren, disclosed this in an interview on Channels Television’s The Morning Brief programme on Monday.

Uwujaren defended the significance of the commission, stating that Nigerians needed to fight against corruption.

“We are shocked by what is happening. Nigerians should see through this shenanigan and oppose it because I don’t see how this country can survive without the EFCC, given the kind of corruption problem that we have. Nigeria cannot do without the EFCC.

“I am worried that, with the kind of problem we have with corruption in this country, some people would go to court to challenge the legality of the EFCC

“For citizens in their states, I am not sure that the EFCC is their greatest problem. I doubt that this is the case. What you see playing out is simply people who are feeling the heat of the work of the EFCC and who want to derail what is going on within the EFCC.

“They see the EFCC as a threat, which is what is playing out. I think Nigerians can see through the gimmick of those who are behind the challenge to the legality of the commission,” Uwujaren said.

The EFCC official noted that those behind the call for the overhaul were determined to “derail” the commission’s anti-corruption fight.

“So, people who are concerned about transparency and accountability will wish for the EFCC to be ‘killed’. Let me use the word ‘killed’ because that is the agenda.

“They simply want to derail the fight against corruption because they don’t want accountability in their domains,” he said.

Meanwhile, lawyers and Senior Advocates, Dr Olisa Agbakoba and Femi Falana, have expressed divergent views on the constitutionality of the EFCC.