Gov Alia suspends AG for joining Benue to states challenging EFCC’s legality

The Attorney General allegedly joined Benue to other states challenging the establishment of the two federal anti-graft agencies – the EFCC and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

While two states (Imo and Bauchi) joined the suit as co-plaintiffs, Osun State sought consolidation of the suit, and three states including Anambra, Ebonyi, and Adamawa withdrew from the suit.

The 19 states still in the suit are Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun, and Taraba.

The states are contending that it was the United Nations Convention against Corruption was reduced into the EFCC Establishment Act enacted in 2004, and in so doing, the provision of Section 12 of the Nigerian constitution was not followed.

The plaintiffs argued that in bringing into the Nigerian law, the provision of Section 12 had not been complied with.

The court is expected to communicate a date for judgment to all parties.

Pulse reports that some senior lawyers in the country have also joined the calls for the scrapping of the EFCC, describing the agency as a misnomer.

Last week, a former President of the Nigerian Bar Association (NBA, Olisa Agbakoba (SAN) described the anti-graft agency as an unlawful organisation.

The SAN stated this in two separate letters to the Senate and House of Representatives, dated October 14, 2024.

The senior lawyer said he strongly believed that the EFCC was “unconstitutionally established.

“I very strongly believe the EFCC is unconstitutionally established.

“The powers under which it was established go beyond the powers of the National Assembly.

“The EFCC is an unlawful organisation,” Agbakoba, the former NBA President said.