AGF faults Kogi, 18 States’ suit querying legitimacy of EFCC, ICPC, NFIU

The Attorney General of the Federation (AGF) Lateef Fagbemi has faulted the suit filed by 19 States including Kogi, querying the constitutionality of the laws establishing the nation’s anti-corruption agencies.

In a counter-affidavit to the suit, the AGF argued that the National Assembly validly enacted the laws establishing the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC) and the Nigerian Financial Intelligence Unit (NFIU).

The AGF urged the Supreme Court to dismiss the suit on the grounds that issues raised by the plaintiffs have already been resolved before now by the Court of Appeal and the apex court.

Fagbemi also argued, in a notice of preliminary objection, that the Supreme Court lacked the jurisdiction to hear the case because the grievance of the plaintiffs is what only the Federal High Court could adjudicate on.

He argued that the complaints of the plaintiffs are against the the Federal Government of Nigeria and its anti-corruption agencies, but not against the Federal Republic of Nigeria to warrant the invocation of the apex court’s jurisdiction.

In the counter affidavit, deposed to by an official of the Federal Ministry of Justice, the AGF, who is the sole defendant on the suit, said all the facts deposed to by the plaintiffs in the affidavit in support of the amended originating summons are false, misleading and do not reflect the correct position in relation to the subject matter of this suit.

“The plaintiffs’ suit, inter-alia challenges all the anti-corruption laws/statutes in Nigeria and in particular the Nigerian Financial Intelligence Unit (NFIU) guidelines, issued on the 23rd of January, 2023 to strengthen the fight against money laundering, terrorism and related matters.

“The NIFU Guidelines was issued by the Nigerian Financial Intelligence Unit (NFIU) pursuant to its powers under Section 23(2), 3(s) & 1(d) of the NFIU Act, 2018 to combat money laundering, terrorism financing and proliferation financing.

“The Guidelines was necessitated by the result of analysis by the unit (NFIU) on the negative impact of cash flow from public accounts on the discharge of its mandate of combating money laundering, terrorism financing and proliferation financing.

The National Assembly exercises its legislative powers under the Nigerian Constitution with regards to corruption and abuse of office and upon any convention or treaty.

There is no need to seek the concurrence of sub-national whereas (in this case) the National Assembly is acting pursuant to its legislative powers under the Constitution.

The National Assembly does not need the ratification or concurrence of the plaintiffs’ Houses of Assembly to pass the EFCC Act, ICPC Act, NFIU Act, the Proceed of Crime (Recovery and Management) or any anti-corruption Act or statute into Law.

EFCC Act, ICPC Act, NFIU Act are enforceable against any person in Nigeria, including the officials of the plaintiffs and those of Local Government Councils.

The EFCC and ICPC have recovered several misappropriated funds and property of the states and have returned same to those component states.

The Honourable Attorney General of the Federation (defendant herein) has the powers to prosecute any person, including the officials of the plaintiffs if investigation reveals that the person committed an economic crime.

The investigation to expose commission of economic crime by EFCC, ICPC and the NFIU is not an interference with the powers of the plaintiffs’ government or the state House of Assembly.

“The NFIU Act not only empowers NFIU to make Guidelines, but also to strengthen existing measures of combating money laundering, terrorism financing and proliferation financing (AML/CFT/CPF) which is the intendment of the guidelines;

“The issue surrounding the powers of the NEIU to make Guidelines affecting the States has been finally determined by the Court of Appeal in the judgement in Appeal No: CA/ABJ/CV/822/2022 delivered on the 21st day of May, 2024, in a suit instituted by the plaintiffs and other states of the Federation wherein they challenged similar Guidelines before the Federal High Court in suit No: FHC/ABJ/CS/563/2019 and lost.

“The Court of Appeal, affirmed the decision of the trial Federal High Court against all the plaintiffs in that suit, including these present plaintiffs, who have not appealed further.

“The decision of the Court of Appeal is binding on all persons and authorities, including the instant plaintiffs.

“The NFIU Guidelines was issued to the reporting entities, that is financial institutions for compliance. Reference to the tiers of government and other public officials is merely for their attention and noting;

“The claims by the plaintiffs are not in conformity with the principles behind the guidelines initiated by the Nigerian Financial Intelligence Unit (NFIU) aimed at curbing corruption and the menace of Money Laundering/Terrorism Financing in Nigeria and also to bring more fransparency in every’sector of the Nigerian economy in line with global best practices.”