The Attorney General Of Kogi State & Ors v. The Attorney General Of The Federation (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

UWANI MUSA ABBA AJI, JSC (Delivering the leading judgment)

The case of the 16 plaintiffs herein, (the Attorneys General of Adamawa, Anambra and Ebonyi States having withdrawn), is that the Nigerian Financial Intelligence Unit pursuant to the Nigerian Financial Intelligence Unit Act on the 3/1/2023, issued guidelines and advisory with reference Nos: NFIU/ EXT/PUB/ GUIDEL/ DCEO/ PRESIDENCY/ 3-JAN 2023/VOL.1/091andNFIU/EXT/PRIV/ADV/DCEO/STAHD/03JAN2023/VOL.1/001 to Mr. President and 12 other key institutions and agencies of government, among which are Honourable Attorney General of the Federation and Minister of Justice, the Independent Corrupt Practices and other related offences Commission and the Director, Special Control Unit against Money Laundering, for Enforcement and implementation.

Thus, the States and local government authorities including the Federal Capital Territory, are restrained from withdrawing funds to a certain threshold unless a waiver is granted from the presidency on a case-by-case basis.

The guidelines and advisory were slated for implementation across all States and Local Government Areas of the Federation from the 1/3/2023.

The plaintiffs being aggrieved with the NFIU guidelines have approached this honourable court to seek the orders of this court to declare the guidelines as unconstitutional and one that interferes with the performance of the constitutional functions and powers of the plaintiffs’ State Governments.

Consequently, the plaintiffs vide an amended originating summons filed on 10/10/2024, brought pursuant to order 8 rule 6 of the Supreme Court Rules 2024, section 232(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), supported with a 19-paragraph affidavit, deposed to by Mrs. Folashade Arike Ayoade, the Secretary to Kogi State Government of Nigeria, attached with exhibits NFIU 1 and 2 respectively,

seeking for determination the following questions and reliefs:

A. Whether in view of the provision of sections 1, 4(6)(7)(a)(b)(c), 7(1)(6)(b), 90, 100, 120(3)(4) 121,122, 123, 128 and Parts I and II of the Second Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Federal Government of Nigeria through the Nigerian Financial Intelligence Unit (NFW) or any agency of the Federal Government can issue any directive, guideline, advisory or any instrument howsoever called regulating administration and utilization of funds belonging to the plaintiffs or any Local Government Area of the plaintiffs.

B. Whether in view of the provision of sections 1,4(6) (7) (a) (b)(c)) 7(1)(6)(b), 90, 100, 120(3)(4), 121, 122, 123, 128 and Parts I and II of the Second Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), statutes to wit: Money Laundering (Prevention and Prohibition) Act (MLPPA) 2022; Proceeds of Crime (Recovery and Management) Act, 2022; Economic and Financial Crimes (Establishment Act) 2004 and Independent Corrupt Practices and Other Related Offences Act (ICPC Act) enacted by the National Assembly can contain provisions touching on or pertaining to the regulation and administration of funds belonging to the plaintiffs or any Local Government Area of the plaintiffs.

C. Whether in view of the provisions of sections 1, 4(6) (7) (a) (b) (c), 7(1) (6) (b), 90, 100, 120(3) (4), 121, 122, 123, 128 and Parts I and II of the Second Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), statutes to wit: Money Laundering (Prevention and Prohibition) Act (MLPPA) 2022; Proceeds of Crime (Recovery and Management) Act, 2022; Economic and Financial Crimes (Establishment Act) 2004, Independent Corrupt Practices and Other Related Offences Act (ICPC Act) enacted by the National Assembly can contain any provision criminalization the use of funds belonging to the plaintiffs or any Local Government Area of the plaintiffs.

D. Whether in view of the provision of sections 1, 4(1) (7) (a) (b) (c), 7(1) (6) (b), 90, 100, 120(3) (4), 121, 122, 123, 128 and Parts I and II of the Second Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Economic and Financial Crimes Commission (EFCC), Nigerian Financial Intelligence Unit (NFIU) or any agency of the Federal Government of Nigeria can investigate, requisition documents, invite and or arrest anyone with respect to offences arising from or touching on the administration and management of funds belonging to the plaintiffs or any Local Government Area of the plaintiffs.

E. Whether in view of the provision of sections 1, 4(6) (7) (a) (b) (e), 7(1)(6)(b), 90, 100, 120(3)(4), 121, 122, 123, 128, 174(1)(a), 195 and Parts I. and II of the· Second Schedule to the Constitution of the Federal republic of Nigeria, 1999 (as amended), the Attorney-General of the Federation through any agency of the Federal Government of Nigeria howsoever called can prosecute any person with respect to offences arising from or touching on the administration and management of funds belonging to the plaintiffs or any Local Government Area of the plaintiffs.

F. Whether in view of the pronouncement of this honourable court in the case of Nwobike v. FRN (2022) 6 NWLR (Pt. 1826) 293, 1), the Economic and Financial Crimes Commission (Establishment, Etc.) Act 2004 Volume 5, Cap El, Laws of the Federation of Nigeria made in furtherance of article 15 of the United Nations Convention Against Corruption is not unconstitutional, illegal, null and void; having not been ratified in line with the provision of section 12 of the Constitution of the Federal Republic Nigeria 1999 (as amended).

And if the above questions are answered in the negative, they now seek· the following declaratory reliefs: