The Lagos State Government has a pending case between it and the anti-graft agencies before the Supreme Court and this is why it did not join the suit by other states challenging the legality of the Economic and Financial Crimes Commission (EFCC) before the apex court.
The Attorney General and Commissioner for Justice, Lawal Pedro (SAN) disclosed this to journalists on Wednesday on the sidelines of a two-day Strategic Management meeting with Ministries, Departments and Agencies, MDAs and other stakeholders.
The AG said that after the Lagos House of Assembly enacted a law to set up an anti-corruption agency to tackle corruption, the EFCC through the office of the Attorney-General of the Federation, AGF, dragged the state to the Supreme Court over the law.
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.
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“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,” he said.
“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 responded to 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.”