The Anambra State Government, Nigeria, has officially withdrawn from a lawsuit challenging the legality of the Economic and Financial Crimes Commission (EFCC). This decision was announced on Tuesday, with the state’s Attorney General, Prof. Sylvia Ifemeje, submitting a withdrawal notice to the Supreme Court dated October 20, 2024.
The lawsuit, originally filed by Kogi State, sought to declare the EFCC’s operations illegal. Kogi raised several questions regarding the jurisdiction and powers of the EFCC and other federal agencies, including the Nigerian Financial Intelligence Unit (NFIU). One of the key issues was whether the EFCC or NFIU could investigate or arrest individuals related to the administration and management of funds belonging to Kogi State or its local government areas.
Anambra’s withdrawal from the case coincided with a request by Osun State to join the lawsuit. Osun’s Attorney General, Mr. Oluwole Bada, informed a seven-member panel of the Supreme Court, led by Justice Uwani Abba-Aji, that the state was seeking the same reliefs as Kogi State in its challenge against the EFCC.
“The state shares similar concerns regarding the legality of the EFCC’s operations,” Bada told the court.
While Sokoto State, another co-plaintiff, did not send any legal representatives during Tuesday’s proceedings, other states, including Kogi, Kebbi, Oyo, and Benue, remained active in the case. Altogether, 16 states are contesting the EFCC’s legal foundation, arguing that its establishment did not comply with the provisions of the 1999 Constitution.
The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, is the sole defendant in the case. Fagbemi did not oppose Anambra’s decision to withdraw.
The plaintiffs maintain that the EFCC Act was enacted without proper consultation with state governments, violating Section 12 of the 1999 Constitution. They argue that the failure to secure approval from the majority of state Houses of Assembly renders the EFCC’s establishment unconstitutional.
As the case continues, the states involved are urging the Supreme Court to declare the EFCC and related institutions illegal, based on their interpretation of constitutional law.
