S’court cautions against harassment of Kogi officials pending outcome of suit

The supreme court has advised Nigeria’s anti-graft agencies to refrain from harassing officials of the Kogi state government pending the determination of a suit instituted by the state’s attorney-general against the attorney-general of the federation.

Kogi state is contesting the constitutionality of Acts establishing some anti-graft agencies, including the Proceed of Crime Protection and Prevention Act 2022, and their applicability to the state.

At the court session on Tuesday, Abdulwahab Muhammed, counsel representing Kogi AG, alleged that officials of the state government are being harassed and even arraigned in various courts despite the pendency of the suit that was filed in February 2023. 

T.A. Ghazali, AGF counsel, told the court he was yet to be served the originating process. 

Reacting to the issue raised, a seven-member panel of the apex court led by Amina Augie, reminded parties that once a dispute had been submitted to the court, all persons and authorities in the suit are expected to stay further action and await the outcome of the suit. 

Consequently, the court advised parties to stay further action on the subject of litigation pending the outcome of the suit.

The matter was then adjourned to October 10 for hearing of the substantive originating summons.

In the suit marked SC/178/ 2023 and filed in February, the attorney-general of Kogi state approached the apex court with an originating summons to invoke the original jurisdiction of the court to determine the constitutionality of the EFCC Act, the ICPC Act, the NFIU Act, the Proceed of Crime (Prevention and Management Act) 2022.