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The Federal Government has called on the Supreme Court to dismiss a lawsuit filed by 19 state governments challenging the constitutionality of the laws that established various anti-corruption agencies.
The government argues that these agencies are essential to maintaining accountability and transparency across the country, and the suit could undermine efforts to combat corruption at the national level.
The Federal Government, in a preliminary objection dated October 17, 2024, submitted by Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, and a legal team led by T.A. Gazali, SAN, argued that the apex court lacked jurisdiction to adjudicate the lawsuit.
The objection, filed in response to the case brought by 19 states, underscores the government’s position that the challenge against the anti-corruption agencies should not proceed.
Fagbemi, in his submission, characterized the suit as an abuse of the judicial process, emphasizing that it not only lacked merit but also misused the court’s time by challenging the constitutionality of well-established anti-corruption agencies.
The states challenging the constitutionality of the anti-corruption laws include Kogi, Kebbi, Katsina, Sokoto, Jigawa, and others such as Enugu, Oyo, and Benue, with the suit representing a collective action from 19 state governments, including Anambra, Plateau, and Cross River.
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What started as a legal move by the Kogi State government has since expanded, with 18 other states joining in the challenge to contest the validity of the laws establishing the Economic and Financial Crimes Commission (EFCC).
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.
According to him, the NFIU’s regulatory power had been conclusively resolved by rulings from both the Federal High Court and the Court of Appeal, ensuring its authority to issue guidelines remained uncontested.
Citing legal principles such as res judicata and issue estoppel, Fagbemi argued that the plaintiffs’ claims were inadmissible, as the matters had been previously adjudicated, and as such, the suit should be thrown out.
The Supreme Court has set the hearing date for the suit for Tuesday, October 22, marking the next phase in the legal battle over the constitutionality of the laws establishing the anti-corruption agencies.
