Nigeria: Lagos Explains Decision Not to Join Other States' Suit Against EFCC

23 October 2024

The Lagos State Government has clarified its decision not to participate in the suit filed by some states challenging the powers of the Economic and Financial Crimes Commission (EFCC) before the Supreme Court.

The state government explained that its absence in the case was due to an existing legal dispute between Lagos and the anti-graft agency on a similar issue, which is already pending at the Supreme Court.

Speaking at a two-day Strategic Management meeting with Ministries, Departments, and Agencies (MDAs), the Lagos State Attorney-General and Commissioner for Justice, Mr. Lawal Pedro, SAN, explained that after the Lagos State House of Assembly enacted a law to establish a state anti-corruption agency, the EFCC, through the Attorney-General of the Federation (AGF), challenged the law in the Supreme Court.

Pedro emphasized that joining the new suit brought by other states against the EFCC would constitute an abuse of court process, given the pending case between Lagos and the agency.

He stated, "Lagos enacted a law on public complaints and anti-corruption to establish a state anti-corruption commission. However, the EFCC, through the AGF, challenged that law in the Supreme Court. If we joined the new suit, it would amount to an abuse of court process. We are waiting for the Supreme Court to resolve the matter, which has delayed the operation of the state agency."

Pedro further clarified the respective roles of federal and state bodies in prosecuting corruption cases, noting that while agencies like the EFCC can investigate corruption, state offences are under the purview of the Attorney-General of the respective states.

In response to speculations that Lagos' decision might be influenced by the fact that President Bola Tinubu is from Lagos, Pedro dismissed such claims, stating, "The reason Lagos is not joining the suit has nothing to do with the President being from Lagos. We already have a pending action for the Supreme Court to decide."

He also noted that Lagos enjoys a cooperative relationship with the EFCC, with both parties working together on state offences, which are prosecuted on behalf of the Lagos State Attorney-General when necessary.

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