Babatunji Wusu –
- Anambra Withdraws from Lawsuit: Anambra State has withdrawn from the suit against the EFCC.
- Osun Seeks to Join: Osun State is seeking to join the lawsuit to consolidate its own grievances against the EFCC.
- Constitutional Challenges: The lawsuit argues that the EFCC’s establishment violated constitutional requirements, rendering its operations unconstitutional.
- Claims by Kogi State: Kogi State is contesting the EFCC’s authority over state funds and is seeking specific legal reliefs.
On Tuesday, the Anambra State Government announced its withdrawal from a legal suit challenging the legality of the Economic and Financial Crimes Commission (EFCC). This lawsuit, originally initiated by the Kogi State Government, seeks to declare the operations of the EFCC, the Nigerian Financial Intelligence Unit (NFIU), and the Independent Corrupt Practices Commission (ICPC) unconstitutional.
In a notice dated October 20, Anambra’s Attorney General, Prof. Sylvia Ifemeje, informed the Supreme Court of the state’s decision to withdraw from the case. Meanwhile, Osun State, represented by Attorney General Mr. Oluwole Bada, expressed a desire to join the lawsuit and consolidate its grievances against the EFCC with those of Kogi State.
During the hearing, a seven-member panel of the Supreme Court, led by Justice Uwani Abba-Aji, noted the absence of Sokoto State, which had previously been a co-plaintiff but did not send a legal representative. Other states present included Kogi, Kebbi, Katsina, Jigawa, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Adamawa, Taraba, Ebonyi, Imo, and Nasarawa.
The federal government was represented by Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, who did not oppose Anambra’s withdrawal from the case.
The lawsuit stems from a collective legal action by 16 states arguing that the EFCC was not constitutionally established under the administration of former President Olusegun Obasanjo. The states assert that the EFCC Act, passed by the National Assembly in 2002 and amended in 2004, violated section 12 of the 1999 Constitution, as it did not receive the required approval from a majority of state Houses of Assembly.
The plaintiffs argue that the establishment of the EFCC under the United Nations Convention Against Corruption did not comply with constitutional requirements, rendering its operations illegal in states that did not consent to the law. They maintain that, according to the supremacy of the 1999 Constitution, any actions inconsistent with it should be considered null and void.
Kogi State has raised six key issues and is seeking nine major reliefs, including a declaration that the EFCC and NFIU lack the power to investigate or manage funds belonging to Kogi State or its local government areas without state consent. Kogi also contends that federal agencies do not have the authority to issue directives regarding the administration of state funds.
