Ogun Denies Joining States in EFCC Constitutionality Case, Clarifies NFIU Legal Challenge

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The Ogun State Government has refuted widespread media reports suggesting that it has joined other states in a legal dispute at the Supreme Court regarding the constitutionality of the Economic and Financial Crimes Commission (EFCC).

In a statement issued on Tuesday by Hon. Kayode Akinmade, Special Adviser to the Governor on Media and Strategy, the government clarified that its legal battle focuses solely on the Nigerian Financial Intelligence Unit (NFIU)’s Financial Guidelines, which it argues unfairly restrict the autonomy of states and local governments across the country.

According to the statement, “The constitutionality of the EFCC and the Independent Corrupt Practices Commission (ICPC) was settled long ago by the Supreme Court, and Ogun State considers this issue closed.” The state emphasized that it sees no grounds or recent events to reopen the debate on the EFCC’s legal standing.

Ogun State further expressed that as a federating entity with its own law enforcement agencies, it fully supports the Federal Government’s law enforcement goals and has no interest in undermining them.

Hon. Akinmade also elaborated on the specific legal case Ogun State has initiated, noting that it does not involve a challenge to the EFCC’s constitutionality. “The case Ogun State has filed (SC/CV/912/2024) and the one involving several states (SC/CV/178/2023) focus on distinct issues that do not question the legal status of the EFCC,” the statement reads.

The statement drew attention to the Supreme Court’s ruling that nullified the naira redesign policy earlier this year, a case in which Ogun State played a key role. Around that time, in January 2023, the NFIU, operating under various financial laws, issued a set of Guidelines and an Advisory that restricted cash withdrawals by state and local governments.

Ogun State contests these guidelines, arguing that they are inconsistent with the law and have created disruptions in governance. “The NFIU’s actions, purportedly done under the Anti-Money Laundering Act and Proceeds of Crime Act, have imposed undue limits on governance, and Ogun State does not agree with this,” the government explained.

The state’s legal challenge, according to the statement, aims to invalidate the NFIU’s Guidelines and Advisory. “Given that the Supreme Court has already secured local governments’ access to their funds, unelected bureaucrats in the NFIU should not impose restrictions on how these funds are utilized,” the government stated.

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