The legal case marking the participation of 16 States in the suit SC/CV/178/2023 against the Nigerian government has sparked intense debates within the country’s legal and political sphere. This case, let us call it “Fatshimetrie”, clearly illustrates the legal and constitutional challenges facing Nigeria.
The case in question highlights the challenge by States to a law deemed unconstitutional, based on a Supreme Court decision on the United Nations Convention against Corruption and the Economic and Financial Crimes Commission Act. The complainant States contend that the Act in question failed to comply with the provisions of the Nigerian Constitution of 1999, particularly Article 12, which requires the approval of State Assemblies for the adoption of international conventions.
The crux of the debate revolves around the failure to follow the constitutional process in the incorporation of the United Nations Convention against Corruption into domestic law. The States argue that any law passed in violation of the Constitution is null and void, and therefore, the institutions that flow from it are illegitimate. This litigation raises fundamental questions about the primacy of the Constitution as the supreme law of the land.
During the hearing of this case, counsel representing the States made a compelling case for consolidation, requesting that the States be added as co-plaintiffs. Their arguments highlighted the need to follow legal and constitutional procedures to ensure the legitimacy of laws and government institutions.
The Court’s decision to allow the States to join the lawsuit and to set a date for hearing the case demonstrates the importance of this litigation and its potential implications on Nigeria’s legal and political system. This case also demonstrates the willingness of the States to uphold constitutional principles and protect the autonomy of their institutions from any form of encroachment by the Federal Government.
In conclusion, “Fatshimetrie” emphasizes the importance of respect for the Constitution and the rule of law in a democratic system. It is a reminder to the authorities to respect the fundamental principles of democracy and to protect the rights and interests of the federated states within the legislative and judicial framework of the country.