The Attorney-General of the Federation (AGF), Lateef Fagbemi (SAN), has faulted the suit filed by 19 states challenging the constitutionality of the laws establishing the anti-corruption agencies.
The Supreme Court reserved judgment in the suit yesterday.
In a counter-affidavit to the suit filed by the governors, 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 because issues raised by the plaintiffs had already been resolved by the appellate courts.
Fagbemi also argued, in a notice of preliminary objection, that the Supreme Court lacked the jurisdiction to hear the case because the plaintiffs’ grievance is what only the Federal High Court could adjudicate on.
He argued that the complaints of the plaintiffs are against 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, 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 deponent stated: “The plaintiffs’ suit, challenges all the anti-corruption laws/statutes in Nigeria and in particular the 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, and 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 the same to those component states.”
The AGF said he was vested with powers to prosecute any person, including the officials of the plaintiffs if an investigation reveals that the person committed an economic crime.
