₦airaland Forum

Expert View: As Supreme Court Poised to Rule on Constitutionality of Key Acts in Kogi AG and 16 others v. AGF Case


What are the Legal Issues and the Confidence of Nigerians that the Supreme Court of Nigeria will Do Justice in the Suit Filed by Kogi State AG and 16 Others v. AGF on the Constitutionality or Validity of Certain Acts Challenged in that Suit?

The above-mentioned suit came before the Supreme Court of Nigeria on the 8th of October, 2024, and was adjourned to the 22nd of October, 2024, for hearing.

Pundits are confident that, in view of the clear position of the law on the issues brought before the Supreme Court in the said suit by the AGs of the states v. the AGF, and coupled with the declared commitment of the current head of the judiciary, Hon. Justice Kudirat Kekere-Ekun, to ensure the independence and integrity of the judiciary, the right decision will be made under the circumstances of the suit.

This would lend credence to the doctrine of true federalism, respect for the rule of law, and constitutional order. The time-honored principle in *Macfoy v. UAC* is still relevant, to the extent that if the law provides for a mandatory way to perform an action, and one fails in that regard, the failure renders the action a nullity, as one cannot build something on nothing.

In other words, the Supreme Court found in *Nwobike’s Case* that the Acts challenged in the suit, particularly the EFCC Act, were rooted in a UN Convention. By virtue of Section 12 of the 1999 Constitution, the states of the federation, as critical stakeholders in Nigeria, were supposed to be consulted or involved in enacting those Acts, but that did not happen.

This is the reason why those Acts are considered unconstitutional, and the Supreme Court is being called upon to so hold and accordingly nullify them.

It is also the position that the items that gave rise to those Acts were not on the exclusive legislative list, meaning that the National Assembly could not make laws on them without consulting the states of the federation. Indeed, the defendant in the suit did not dispute these facts but simply posited that the concurrence of the states was not needed or required in enacting those Acts. This is a very wrong and misconceived position.

The Supreme Court of Nigeria is therefore called upon to rise to the occasion, assert its uprightness, integrity, and supremacy, by doing what is right in this matter—just as it did in the Naira redesign suit, which involved similar principles to the instant case.

U. F. Umoru, Esq.
Bashar Road,
Kongo Campus, Zaria

Simeonee111:
States challenging this is a good course, for a nation like Nigeria, the fact that a body like ICPC of EFCC which are under control of the presidency and higher powers can investigate anyone they have interest in, is of great concern.
If you're not politically aligned, they can send them after you. Look at the likes of tinubu himself, akapbio, orji uzor kalu who were once efcc customers ruling us today. Decentralizing power is what's best for us

helinues:
Charade

happiness32:
Infact, another agency should be created and EFCC, ICPC , NFIU scrapped out.

How can a commission created to fight corruption, now becomes the architect of corruption, helping corrupt politicians and rich folks to enshrine in more corruption.

In the case of Bobrisky, EFCC denying the fact that they dropped the money laundering charge against him is simply a safe-face tactic. Their best option is to investigate and ring down the officer to make Nigerians place their hopes on them.

Simeonee111:
States challenging this is a good course, for a nation like Nigeria, the fact that a body like ICPC of EFCC which are under control of the presidency and higher powers can investigate anyone they have interest in, is of great concern.
If you're not politically aligned, they can send them after you. Look at the likes of tinubu himself, akapbio, orji uzor kalu who were once efcc customers ruling us today. Decentralizing power is what's best for us

AntiChristian:
Na season 1 be this!

May EFCC win!

May Bello Yahya be made to answer the crimes he committed!

May Allah aid the company of the truth!

happiness32:
Infact, another agency should be created and EFCC, ICPC , NFIU scrapped out.

How can a commission created to fight corruption, now becomes the architect of corruption, helping corrupt politicians and rich folks to enshrine in more corruption.

In the case of Bobrisky, EFCC denying the fact that they dropped the money laundering charge against him is simply a safe-face tactic. Their best option is to investigate and ring down the officer to make Nigerians place their hopes on them.