Nigerian Lawyer Ogunye Defends States’ Right to Approach Supreme Court on Constitutional Matters

Nigerian lawyer Jiti Ogunye has weighed in on the matter addressing key issues surrounding the right of parties to approach the Supreme Court, particularly in relation to constitutional and anti-corruption cases.

Ogunye in an interview with Arise News on Wednesday, gave his opinion regarding the legal battle between the Nasarawa, Ogun, and Cross River states, alongside 16 other states, who challenged the Nigerian Financial Intelligence Unit (NFIU) over issues related to financial autonomy for local councils. 

He said “the states are fully within their rights to bring this issue to the Supreme Court. The parties that have gone to the Supreme Court to raise this important issue have the right to approach the court. Individuals have the right of access to the court, as provided in Section 66b of the constitution. 

“So why wouldn’t state governments be entitled, under Section 232, to approach the Supreme Court for a determination?”

Ogunye dismissed the assumption that states approaching the Supreme Court are attempting to undermine anti-corruption efforts. 

“Upfront, I say that the assumption that the state, by going to the Supreme Court at all, wants to distort anti-corruption efforts is not very correct. It is the business of the court to adjudicate, and parties have a right to court.”

He further emphasised the impartiality of the judiciary in such matters, stating, “When a matter comes to court, the ruling could go either way. You can’t take away that power from a court of law and say it must only rule in one direction. If that were to happen, Nigeria will not collapse. We would take the pieces and see what we can do about it.”

Ogunye expressed confidence that the Supreme Court would handle the current matter without bias.

“I know the Supreme Court will take this on and rule on it. I get the point—many people are dissatisfied with what we regard as the excesses of anti-corruption agencies, particularly the EFCC, which is often seen as reckless.

“While the chairman of the EFCC was being confirmed on the Senate floor, the President of the Senate looked at him and said, ‘There is a problem with how you people affect arrests. 

“Why do you go to people’s places at night?’ Despite these challenges, the anti-corruption agencies ought to be preserved.

“Any challenges to their statutory existence will ultimately be sorted out by the courts by the end of the year.”

Boluwatife Enome

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