The Lagos State Government has clarified why it did not participate in the legal action taken by other states against the Economic and Financial Crimes Commission (EFCC).
According to the state, the decision was based on an ongoing case between Lagos and the EFCC, which is already before the Supreme Court and covers a similar issue.
Speaking during a two-day Strategic Management meeting with government Ministries, Departments, and Agencies (MDAs), as well as other stakeholders, the Lagos State Attorney-General and Commissioner for Justice, Mr. Lawal Pedro, SAN, provided details.
He explained that Lagos had enacted a law to establish its own anti-corruption agency to combat corruption within the state.
However, this move was challenged by the EFCC, through the office of the Attorney-General of the Federation (AGF), leading to a case in the Supreme Court.
Pedro pointed out that joining the new lawsuit filed by other states against the EFCC would have been unnecessary and legally improper.
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.”
“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.”