On Tuesday, three states—Anambra, Adamawa, and Ebonyi—officially withdrew from a legal case before the Supreme Court challenging the legality of the Economic and Financial Crimes Commission (EFCC). The states made their withdrawal decisions known shortly after the case was called for hearing.
Anambra’s Attorney General, Prof. Sylvia Ifemeje, informed the court that the state no longer wished to be part of the lawsuit originally initiated by Kogi State, citing a withdrawal notice dated October 20.
Similarly, Adamawa’s AG, Mr. J. I. Jingi, stated that the state had filed its withdrawal notice on October 14. Ebonyi, initially listed as the 18th plaintiff, also applied to withdraw through its counsel, Mr. Ikenna Nwidagu.
The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, who is the sole defendant in the case, did not oppose the requests for withdrawal. Consequently, the Supreme Court panel, led by Justice Uwani Abba-Aji, removed Anambra, Adamawa, and Ebonyi as the 9th, 16th, and 18th plaintiffs, respectively.
Meanwhile, Osun State sought permission to merge its complaint against the EFCC with that of Kogi, stating through its Attorney General, Mr. Oluwole Bada, that it was pursuing similar reliefs. Despite Sokoto State being previously joined as a co-plaintiff, it did not have legal representation during the proceedings on Tuesday. However, other states, including Kogi, Kebbi, Katsina, Jigawa, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Taraba, Imo, and Nasarawa, appeared in court.
The lawsuit, marked SC/CV/178/2023, was initially filed by Kogi State, with 15 other states joining as co-plaintiffs, while others sought to consolidate their claims. The states are contesting the legitimacy of the EFCC, arguing it was not properly established by the administration of President Olusegun Obasanjo.
The EFCC was created by an Act of the National Assembly on December 12, 2002, and began operations on April 13, 2003, following the appointment of its first Executive Chairman, Mallam Nuhu Ribadu. The Act was later amended in 2004.
The plaintiffs argue that under Section 12 of the 1999 Constitution, the EFCC Act should have been approved by a majority of the state Houses of Assembly before being enacted, which they claim did not happen. They assert that, based on the Constitution, the National Assembly could not unilaterally pass the Act without state-level consensus. The states maintain that any agency established under this Act should be deemed illegal, as the EFCC Act violates constitutional provisions.
Kogi State raised six legal questions and sought nine primary reliefs from the Supreme Court, including declarations that the EFCC, the Nigerian Financial Intelligence Unit (NFIU), or any other federal agency cannot investigate or interfere with the administration of funds belonging to Kogi State or its local governments. Kogi also challenged the authority of the federal government to issue directives or guidelines concerning the management of state funds.
Kogi’s counsel, Mr. Abdulwahab Mohammed, SAN, urged the court to grant all the reliefs sought and impose substantial costs on the plaintiffs’ behalf. In response, the Attorney-General of the Federation, Prince Fagbemi, SAN, countered by filing a preliminary objection and argued that the EFCC was lawfully established under Section 15(5) of the 1999 Constitution.
He refuted Kogi’s claim that the EFCC Act was derived from an international convention not properly domesticated in Nigeria, warning that a ruling in favor of the plaintiffs could have significant implications, including affecting past corruption convictions.
After hearing arguments from both sides, the Supreme Court panel, led by Justice Abba-Aji, reserved judgment, with a decision date to be communicated to the parties.
. The states made their withdrawal decisions known shortly after the case was called for hearing.){kind=link}