The Supreme Court docket, on Tuesday, reserved judgment in the suit filed by 19 states challenging the constitutionality of the prison guidelines establishing the Financial and Financial Crimes Commission (EFCC).
The apex court docket will focus on a date for judgment to all occasions.
The plaintiffs in the suit marked: SC/CV/178/2023, had argued that the Supreme Court docket, in Dr Joseph Nwobike Vs Federal Republic of Nigeria, had held that it modified into a UN Convention against corruption that modified into diminished into the EFCC Institution Act and that in enacting this regulations in 2004, the provision of Portion 12 of the 1999 Constitution, as amended, modified into not followed.
The argument modified into that, in bringing a convention into the Nigerian regulations, the provision of Portion 12 must be complied with.
According to them, the provision of the constitution necessitated the majority of the states’ Homes of Meeting agreeing to bringing the convention in earlier than passing the EFCC Act and others, which modified into allegedly never finished.
The argument of the states in their point to suit, which they’d reportedly been corroborated by the Supreme Court docket in the old case talked about, is that the regulations, as enacted, would possibly well not be applied to states that never common of it, in accordance with the provisions of the Nigerian constitution.
Hence, they argued that any institution so formed must quiet be concept to be an unlawful institution.
On the resumed hearing on Tuesday, two states — Imo and Bauchi — joined the suit as co-plaintiffs, while Osun sought a consolidation of the suit.
In one more vogue, three states — Anambra, Ebonyi and Adamawa — introduced their decisions to withdraw their suits.
The Attorney-Frequent of the Federation (AGF), Lateef Fagbemi (SAN), who modified into point to in court docket because the defendant, had craved the court docket’s indulgence to rob the project they filed on Tuesday morning.
Justice Uwani Abba-Aji thereby granted scurry away to the defendant to spend the reply on point of regulations filed on Tuesday.
Mohammed Abdulwahab (SAN), who regarded for the first plaintiff (Kogi Attorney-Frequent), pointed out that the amended processes filed by the AGF were assorted from what had initially been filed, noting that he needed to refile his processes to answer to to the recent problems and facts.
The dilapidated processes were subsequently struck out.
“I examine your lordship’s indulgence to adopt the processes. We walk your lordship to grant all of the reliefs sought.
“The crux of our suit is the resolution of this court docket. The counsel that represented the appellant in that suit by the information of this Court docket Say 4, will be referred to as to manage with this court docket.
“He participated in the bill that birthed the EFCC and ICPC together,” he acknowledged.
The determine requested who the counsel modified into and Abdulwahab answered: “Chief Kanu Agabi (SAN).”
“Chief Kanu Agabi (SAN) instructed this court docket that it modified into the Convention of the UN that diminished this into regulations. Portion 12, that provision, modified into never followed.
“This truth modified into not a trouble with the case of AG Ondo Vs AG Federation. So there would possibly be a particular provision for bringing a convention in. You would not ravishing be talking about Objects 7 of 8.
“We’re additionally challenging the foundation of these prison guidelines that created NIFU, EFCC, and so on. in uncover not to create a constitutional crisis.
“We urge you to allow our appeal and award heavy cost in favour of the plaintiffs on record,” the counsel acknowledged.
Responding, Fagbemi contended that the case of AG Ondo v. AG Federation and other decisions had already settled all of the problems raised in the plaintiffs’ case and that the Supreme Court docket can also not scurry far from these decisions.
He subsequently prayed that the suit be pushed apart.
When the suit in AG Ekiti Remark Vs AGF modified into referred to as, no lawyer regarded.
The counsel for the defendant, T. A Gazali (SAN), instructed the court docket that the tell modified into not represented at the final sitting and modified into not additionally in court docket on Tuesday.
“We apply that the matter be struck out for want of diligent prosecution my lord,” Gazali prayed and the application modified into granted.
In the suit filed by AG Osun against the AGF, the tell’s AG, Oluwole Jimi-Bada (SAN), who modified into in court docket, informed the court docket of their application for consolidation of their suit with that of Kogi.
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Additionally, Nasarawa AG, S.M. Labaran, instructed the court docket of their intention to consolidate the suit.
In the identical vein, the AG of Ogun, represented by Omotayo Olatunbosun, acknowledged although they sought a consolidation of the case, he prayed that their case abide in suit quantity: SC/CV/178/2024 between AG of Kogi Vs AGF.
Justice Abba-Aji, in the ruling, reserved judgment in the Kogi suit and ruled that all of the three suits filed by Osun, Nasarawa and Ogun seeking for consolidation shall abide with arguments in the original suit filed by Kogi.
On Tuesday, the series of states challenging the constitutionality of the EFCC and others had climbed to 19, including Kogi, no matter the withdrawal of three states.
The states are Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Plateau, Immoral River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun and Taraba. (NAN)
