By Abiola Olawale
The Lagos State Government has offered explanations on the reason it decided not to join the suit initiated by some states challenging the power and legality of the Economic and Financial Crimes Commission (EFCC) before the Supreme Court.
Speaking to journalists on Wednesday at a two-day Strategic Management meeting with Ministries, Departments and Agencies, MDAs, and stakeholders, the state Attorney-General and Commissioner for Justice, Mr Lawal Pedro, SAN, said that the state government decided to stay out of the suit because there is already a pending case between it and the anti-graft agency before the apex court over similar subject matter.
Pedro added that the legal battle began after the Lagos House of Assembly enacted a law to set up an anti-corruption agency to tackle corruption.
According to the commissioner, after the law was enacted, the EFCC through the office of the Attorney-General of the Federation, AGF, dragged the state to the Supreme Court.
Pedro noted that joining the new suit by some states against the EFCC would have amounted to an abuse of the court process since the commission and Lagos State government are already before the Court.
He said: “My response to the question as to why Lagos state government is not one of the claimant states that is challenging the EFCC, is that the Lagos state government enacted a law on public complaints and anti-corruption agency to set up the state anti-corruption agency commission to tackle corruption in states.
“However, the EFCC, through the office of the AGF, decided to challenge that law at the Supreme Court. So if we had joined the matter, it would amount to an abuse of the court process.
“It is that suit filed by the AGF that has delayed the operation of the state agency. We hope that the Supreme Court will give us a date very soon and the matter will be resolved.
“The EFCC, police and other agencies can investigate corruption cases, but when it comes to prosecution, it is the Attorney General of the states that have the power over state offences. So any other agency that is prosecuting state offences is only doing it on behalf of the Attorney General because they are deemed to have the fiat of the Attorney General of the state to prosecute state offences.”
Pedro also dispelled insinuations that Lagos State refused to join the suit by states against EFCC because President Bola Tinubu is from Lagos.
“I have been asked if it is because Mr. President is from Lagos, that Lagos is not joining the suit. I say no, it doesn’t have to be so. We already have a pending action for the Supreme Court to decide.’
“In the meantime, we have a very cooperative and collaborative effort with EFCC in Lagos, that even state offences that are being prosecuted are being done on behalf of the state government, on behalf of the state Attorney General.
“And the attorney general has the power under the constitution to take over, to discontinue any of such cases in the interest of justice and the public interest.”
It would be recalled that the suit, which was originally filed by the Kogi State Government through its Attorney General and Commissioner for Justice, was joined by other states as co-plaintiffs.
The states that joined in the suit marked: SC/CV/178/2023 include Enugu, Benue, Anambra, Plateau, Cross-River, Niger and Ondo, Edo, Oyo, Ogun, Nasarawa, Kebbi, Katsina, Sokoto, Jigawa.
