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Ogun Denies Challenging EFCC’s Constitutionality in Supreme Court

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Kehinde Fajobi

The Attorney General and Commissioner for Justice in Ogun State, Mr Oluwasina Ogungbade (SAN), has denounced ongoing media reports suggesting the state is challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) at the Supreme Court.

In a statement on Monday, Ogungbade clarified, “We don’t have a suit against EFCC. We never filed any action against EFCC challenging its constitutionality.”

He expressed frustration over certain media outlets continuing to include Ogun State in the list of states allegedly disputing the EFCC’s legality.

Ogungbade stated that Ogun State respects the rights of other states to challenge the EFCC in court, saying, “It is their right to approach the court. That is allowed in a democracy and a federation.”

However, he maintained that Ogun State is not involved in this legal action.

He added, “The papers we have filed are public documents open to scrutiny, so I am surprised that some media outlets are still reporting Ogun State as one of those challenging the EFCC’s existence when that is not the case.”

Last week, Ogun State issued a statement through Kayode Akinmade, Special Adviser to the Governor on Media and Strategy, reiterating that the constitutionality of the EFCC and the Independent Corrupt Practices and Other Related Offences Commission had already been affirmed by the Supreme Court, closing the discussion on this matter.

Ogungbade clarified the nature of Ogun’s actual suit, saying, “The case Ogun State has filed (SC/CV/912/2024) does not attack the constitutionality of the EFCC. The suit seeks to invalidate the NFIU Guidelines and Advisory issued in January 2023, which interfere with the economic and governance interests of Ogun State and its local governments. That’s what we filed. We are not challenging the constitutionality of the EFCC in this case.”

At least five states have recently sought to withdraw from Kogi State’s case against the EFCC, questioning its constitutionality. Last week, Benue State Governor Hyacinth Alia suspended the State’s Attorney General for joining the case without his authorisation.

The Supreme Court has reserved its decision on the matter after the October 22 hearing.

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