The Lagos State government yesterday said it declined to join the suit filed by some states to challenge the constitutionality of the Economic and Financial Crimes Commission (EFCC) establishment Act before the Supreme Court because there is a pending case between it and the anti-graft agencies on the same matter.
The state Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), who disclosed this to journalists in Ikeja, explained that after the Lagos House of Assembly enacted a law to establish an anti-corruption agency, the EFCC, through the Attorney-General of the Federation (AGF), dragged the state to the Supreme Court over the matter.
Pedro pointed out that joining the new lawsuit filed by some states against the EFCC could be seen as an abuse of court processes, as there is already an existing case on a similar subject matter 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 the Supreme Court will give us a date to resolve the matter very soon.
“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,” he said.
He also addressed rumours that Lagos State opted not to join the suit because President Bola Tinubu is from Lagos.
“Some have asked if we are not joining the suit due to the president’s affiliation with Lagos. I want to clarify that this is not the case; we have a pending action for the Supreme Court to decide,’’ he said.
