The Ogun State Government has refuted several reports suggesting it is challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) in the Supreme Court.
Kogi State and 15 other state governments had previously approached the apex court to contest the legality of the laws establishing the EFCC.
In a statement issued on Tuesday, Hon. Kayode Akinmade, Special Adviser to the Governor on Media and Strategy, clarified that the state government’s legal contention pertains to the Nigerian Financial Intelligence Unit (NFIU)’s Financial Guidelines, which it believes unfairly restrict the operations of states and local governments across the country.
Akinmade emphasized that the constitutionality of both the EFCC and the Independent Corrupt Practices Commission (ICPC) has already been established by the Supreme Court, and Ogun State considers this matter settled.
He added that there are no factual grounds or recent developments to revisit the question of the EFCC’s constitutionality, reaffirming that as a federating unit with its own law enforcement agencies, Ogun State has no intention of undermining the Federal Government’s objectives regarding law and order.
Providing clarification on the actual case filed by Ogun State in court, the statement said: “The case Ogun State has filed (SC/CV/912/2024) and the case that several states are party to (SC/CV/178/2023) litigate a very narrow issue that does not attack the constitutionality of the EFCC.
“Nigerians recall the obnoxious naira redesign policy, which was invalidated by the Supreme Court after Ogun State and other states successfully challenged the policy.
“A lesser-known fact is that around that time in January 2023, purporting to act under the Anti-Money Laundering Act, Proceeds of Crime Act, and its enabling statute, the Nigerian Financial Intelligence Unit (NFIU) released a Guidelines document and an Advisory which, among other things, placed limits on cash withdrawals by State and Local Governments. Ogun State disagrees with these limits because they do not align with our view of the law and cause significant governance disruptions.
“As such, the suit is targeted at invalidating the NFIU Guidelines and Advisory, insofar as they interfere with the economic and governance interests of Ogun State and its Local Governments.
“Especially now that the Supreme Court has guaranteed the Local Governments’ access to their funds, intrusive subsidiary legislation by unelected bureaucrats in the NFIU ought not to stand in the way of the justified free use of public funds,” he said.