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The Federal Government has urged Supreme Court to dismiss the suit filed by 19 state governments challenging the constitutionality of the laws establishing anti-corruption agencies in the country.
In a preliminary objection dated October 17, 2024 and filed by the Attorney General of the Federation 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 argued that the apex court lacked jurisdiction to entertain the suit.
Fagbemi described the suit as an abuse of the court process.
The plaintiffs are Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Anambra, Plateau, Cross-River, Ondo, Niger, Edo, Bauchi, Adamawa, Taraba, Ebonyi and Imo states government.
The suit was initially instituted by the Kogi State government and later joined by 18 other states to contest the legality of the laws establishing the Economic and Financial Crimes Commission.
However, states like Nasarawa and Ogun, which are parties to the suit, are only contesting the Nigerian Financial Intelligence Unit cash withdrawal limit Guidelines.
In his objection, the AGF stated 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.
He argued that the anti-corruption agencies couldn’t cease to exist, saying “If we do not kill Corruption, corruption will kill Nigeria”.
Fagbemi stated that issue of the constitutionality of the ICPC, EFCC (Establishment) Act, has been previously decided to finality by the Supreme Court in a plethora of cases.
The AGF emphasised that the powers of the EFCC and ICPC to prosecute individuals alleged to have committed crimes within their powers under the respective laws establishing them have been pronounced on by various courts in Nigeria.
He explained that the NFIU’s power to issue regulations and guidelines had also been settled by the Federal High Court and the Court of Appeal.
Fagbemi noted that the plaintiffs’ suit was barred by the principles of res judicata and issue estoppel and should be struck out.
The Supreme Court has scheduled hearing on the suit for Tuesday, October 22.
