16 States Challenge EFCC Laws Amid Lingering Corruption Cases

Sixteen state governments have filed a lawsuit challenging the legality of the laws that established Nigeria’s Economic and Financial Crimes Commission (EFCC) and the Nigerian Financial Intelligence Unit (NFIU). The case, marked SC/CV/178/2023, was initiated by Kogi State and later joined by 15 other states. This legal move comes amid ongoing corruption investigations involving former governors and government officials accused of financial mismanagement totaling over N776 billion.

The states involved in the case include Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross River, and Niger. They argue that the creation of these agencies violated the Nigerian constitution, which mandates the approval of a majority of state assemblies before federal laws are enacted.

Court Hearing Set for October 22

A seven-member Supreme Court panel, led by Justice Uwani Abba-Aji, will hear the case on October 22, 2024. The court has also allowed the states to consolidate their claims, streamlining the legal process.

The timing of this lawsuit appears linked to the long-standing battle between Kogi State’s former governor, Yahaya Bello, and the EFCC. Bello faces allegations of financial mismanagement involving N110 billion. The anti-corruption body has also reopened N772 billion worth of corruption cases against 13 other former governors and ministers.

High-Profile Corruption Cases

The EFCC recently reactivated investigations into cases involving prominent political figures. These include former governors Kayode Fayemi, Ayo Fayose (Ekiti), Bello Matawalle (Zamfara), and Peter Odili (Rivers), among others. These cases, involving billions of naira in public funds, have put the spotlight back on the EFCC’s efforts to combat corruption.

In response to these legal challenges, the EFCC’s Head of Media and Publicity, Dele Oyewale, stated that the commission’s effectiveness is the reason for the increased legal pushback. “If we were not doing our work, we wouldn’t be facing such concerted hostility,” Oyewale said. “This only shows how effective the EFCC has been in tackling corruption.”

States Offer Mixed Reactions

State governments involved in the lawsuit have provided different explanations for their participation. Oyo State’s Commissioner for Information, Dotun Oyelade, emphasized that the case aligns with the state’s legal principles. “If legal loopholes are observed in the EFCC’s statutes, it won’t be business as usual,” he said.

However, Ogun State’s Special Adviser on Media and Strategy, Kayode Akinmade, denied that the state was challenging the EFCC’s constitutionality. “We filed a suit against some policies of the NFIU, particularly restrictions on how states can access their funds,” Akinmade clarified. “We did not join Kogi’s case.”

Cross River State also distanced itself from the suit. According to its Commissioner for Information, Erasmus Ekpang, the state had joined a previous legal challenge concerning the NFIU, not the EFCC. “That case was focused on the NFIU’s authority to oversee local government funds,” Ekpang explained.

Similarly, Plateau State denied seeking to dissolve the EFCC. Its Commissioner for Information, Musa Ashoms, stressed that the state respects the rule of law. “We believe the law should take its course on any matter in the country,” he stated.

Nasarawa State’s Attorney General, Labaran Magaji, declined to comment, while Katsina State’s Commissioner for Information, Bala Salisu, said he was unaware of the lawsuit but promised to investigate.

Silence From Other States

Several other states involved in the lawsuit, including Benue and Sokoto, did not respond to inquiries. Edo State’s Commissioner of Communications referred inquiries to the state Attorney General, but no further comments were provided.

As the court date approaches, the outcome of this case could significantly impact Nigeria’s anti-corruption framework, potentially reshaping the powers of the EFCC and NFIU. Despite the ongoing legal challenges, the EFCC remains determined to pursue its corruption investigations, with Oyewale maintaining that “the fight against corruption will continue, and those responsible will face justice.”