Ogun Contests NFIU’s Financial Guidelines, Not Joining States To Challenge Constitutionality Of EFCC In Supreme Court – Govt

ABEOKUTA, OGUN STATE, NIGERIA – The Ogun State Government, on Tuesday, October 15, 2024, dismissed several reports in the media indicating that the state had joined some states of the federation in a case at the Supreme Court, challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC).

It added that the issue it is contending in court relates to the Nigerian Financial Intelligence Unit (NFIU)’s Financial Guidelines, which it said unfairly limits the operations of states and local governments in the country.

The Ogun State government issued this rebuttal in a statement by the Special Adviser to the Governor on Media and Strategy, Hon. Kayode Akinmade.

According to the statement, the constitutionality of the EFCC and the Independent Corrupt Practices Commission (ICPC) had since been determined by the Supreme Court, and Ogun State considers discussions on the issue closed.

The Ogun State government stated that it had no factual reason or recent development to reopen the question of the EFCC’s constitutionality, adding that as a federating unit with law enforcement agencies of its own, it had no desire to undermine the Federal Government’s law and order objectives.

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.”