EFCC’s Constitutionality: Supreme Court Delays Verdict

Supreme Court Nullifies National Lottery Act 2005
Supreme Court Nullifies National Lottery Act 2005

Abuja, Nigeria – The Supreme Court has reserved judgment in the suit filed by 19 states challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) and two other institutions.

The judgment will be delivered on a date yet to be communicated to the parties involved.

The suit, marked SC/CV/178/2023, was brought by the 19 states, which argued that the EFCC Act of 2004 was enacted without proper adherence to Section 12 of the Nigerian Constitution. The plaintiffs claim that the Supreme Court had previously ruled, in Joseph Nwobike v. Federal Republic of Nigeria, that the EFCC Act was based on a United Nations Convention against corruption.

According to them, this Act was never properly domesticated because a majority of state legislatures did not approve the convention, as required by the Constitution.

At the hearing on Tuesday, the states of Imo, Bauchi, and Osun joined as co-plaintiffs, while Anambra, Ebonyi, and Adamawa withdrew their participation. The plaintiffs argued that the EFCC and related institutions were improperly established and, therefore, unconstitutional.

The Attorney-General of the Federation, Lateef Fagbemi, SAN, representing the defendant, contended that previous judgments, including AG Ondo v. AG Federation, had settled the issues being raised. He urged the court to dismiss the suit.

The plaintiffs’ counsel, Mohammed Abdulwahab, SAN, argued that the foundational laws establishing the EFCC, Nigerian Financial Intelligence Unit (NFIU), and other related bodies were flawed and unconstitutional. He urged the court to grant all the reliefs sought by the plaintiffs.

Following deliberations, Justice Uwani Abba-Aji reserved judgment, which will apply to all parties involved, including Kogi, Ogun, Nasarawa, and Osun states.

The states challenging the EFCC and its constitutionality are: Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun, and Taraba.


Copyright 2024 REPORT AFRIQUE (RA). Permission to use portions of this article is granted provided appropriate credits are given to www.reportafrique.com and other relevant sources.This Article is Fact-Checked. See Policy.
Total
0
Shares

Be the first to get an update on this story!

Join our Channel...

Whatsapp Channel

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

PARTNER FEEDS

Related Posts
Total
1
Share