THE Supreme Court earlier today reserved judgment in the suit filed by 16 states challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Nigerian Financial Intelligence Unit (NFIU).
According to the Supreme Court, the date for the judgment will be communicated to the parties.
During the resumed hearing on Tuesday, Imo, Bauchi and Osun states joined the suit as co-plaintiffs while Anambra, Ebonyi and Adamawa states withdrew their cases which were subsequently struck out by the court.
The Attorney-General of the Federation, Lateef Fagbemi, representing the defendant, requested the court’s permission to submit a process filed earlier that morning. Justice Uwani Abba-Aji granted leave for the defendant to use the reply on point of law.
Plaintiffs in the Suit Number SC/178/2023 are Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Anambra, Plateau, Cross-River, Ondo, Niger, Edo, Bauchi, Adamawa, Taraba and Ebonyi states government. But states like Nasarawa and Ogun, which are parties to the suit, are only contesting the NFIU cash withdrawal limit guidelines.
The Plaintiffs are contending that the Federal Government cannot, under any guise, control funds appropriated by Houses of Assembly of the Plaintiffs and are asking the Supreme Court to nullify the EFCC, ICPC, NFIU and Proceeds of Crime Act, all rooted in United Nations Convention and protocol, having not been ratified by the Houses of Assembly of the Plaintiffs in line with Section 12 of the 1999 Constitution.
However, in its preliminary objection dated 17 October 2024 and filed by the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, through a team of lawyers led by the Director of Civil Appeals, Ministry of Justice, T.A. Gazali (SAN), the Federal Government had urged the Supreme Court to dismiss the suit filed by the 19 states governments challenging the constitutionality of the laws establishing anti-corruption agencies in the country, arguing that the apex court lacked jurisdiction to entertain the suit.
The AGF went further to state that “the plaintiffs were aggrieved by the action of the Federal Government, through its agencies like EFCC, Independent Corrupt Practice, and other related offences Commission, NFIU.
Eighteen-Eleven Media