The Supreme Court will on Friday deliver judgment in the suit by some State Governments, challenging the constitutionality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and two other anti-corruption agencies created by the Federal Government.
The other two, whose legitimacy is being queried are the Independent Corrupt Practices and other related offences Commission (ICPC) and the Nigerian Financial Intelligence Unit (NFIU).
The Supreme Court, after the last hearing on October 22, reserved judgment till a date to be communicated to parties.
Our correspondent learnt that parties in the case have since been notified by the apex court’s registry that judgment will be rendered on November 15 in the suit, marked: SC/CV/178/2023 originally filed by the Attorney General of Kogi State.
Some other states later filed similar suit in which the Attorney General of the Federation (AGF) is the sole defendant, while some applied to be made co-plaintiffs in the suit, originally filed by Kogi.
Before the hearing of the suit on October 22 about 20 states agreed to be plaintiffs, including Kogi.
The other States were: Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun, Taraba.
While the case was being heard on October 22, states like Anambra, Adamawa and Ebonyi withdrew their participation.
Other States also withdrew their involvement after the hearing.
The actual number of States that are in support of the case are not clear in view of the wave of withdrawal within the last few days.
On October 22, lawyer to the AG of Kogi State, Mohammed Abdulwahab (SAN) said the crux of the case was the decision of Supreme Court in an earlier case of Dr. Joseph Nwobike vs. Federal Republic of Nigeria.
Abdulwahab argued that, by Order 4 of the Rules of the Supreme Court, the lawyer who appeared for Nwobike in the earlier case, should be called to address the court.
He added that the lawyer participated in the Bill that resulted in the establishment of the EFCC and the ICPC.
At that point, the Presiding Justice, Justice Abba-Aji asked Abdulwahab to supply the name of the lawyer and he identified that lawyer as Chief Kanu Agabi (SAN), a former AGF.
Abdulwahab added: “Chief Kanu Agabi (SAN) told this court that it was the Convention of the UN that reduced this into law. Section 12, that provision was never followed.
“This fact was not an issue with the case of AG Ondo Vs AG Federation. So there is a specific provision for bringing a convention in. You cannot just be talking about Items 7 and 8 (of the Exclusive Legislative List).
“We are also challenging the foundation of those laws that created NIFU, EFCC, etc. in order not to create a constitutional crisis.
“We urge you to allow our suit and award heavy cost in favour of the plaintiff on record,” Abdulwahab said.
However, in his counter argument, the AGF said said the case of Attorney General of Ondo v. Attorney General of the Federation and other decisions of the Supreme Court had already settled all the issues raised in the plaintiffs’ case.
Fagbemi argued that the Supreme Court could not depart from those decisions and prayed the court to dismiss the suit.