Anambra’s Withdrawal From EFCC Case Signals Shift In Legal Strategy

Anambra’s Withdrawal From EFCC Case Signals Shift In Legal StrategyThe Anambra State Government announced on Tuesday its withdrawal from a legal suit contesting the legitimacy of the Economic and Financial Crimes Commission (EFCC). This lawsuit was originally initiated by the Kogi State Government, which seeks to declare the operations of the EFCC, the Nigerian Financial Intelligence Unit (NFIU), and the Independent Corrupt Practices Commission (ICPC) unconstitutional.....KINDLY READ THE FULL STORY HERE▶

In a notice dated October 20, Anambra’s Attorney General, Prof. Sylvia Ifemeje, formally informed the Supreme Court of the state’s decision to step back from the case.

During the proceedings, Osun State, represented by Attorney General Mr. Oluwole Bada, expressed its intent to join the suit, aiming to align its grievances against the EFCC with those of Kogi State. Osun is pursuing similar reliefs regarding the EFCC’s authority.

At Tuesday’s hearing, a seven-member panel of the Supreme Court, led by Justice Uwani Abba-Aji, noted the absence of Sokoto State, which had previously participated as a co-plaintiff but did not send a legal representative.

The states still involved include Kogi, Kebbi, Katsina, Jigawa, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Adamawa, Taraba, Ebonyi, Imo, and Nasarawa. The Attorney General of the Federation, Prince Lateef Fagbemi, SAN, did not object to Anambra’s request to withdraw.

This case is part of a collective legal challenge by 16 states against the EFCC, asserting that the agency was not constitutionally established under former President Olusegun Obasanjo’s administration. The plaintiffs argue that Section 12 of the 1999 Constitution was violated, as the EFCC Act, enacted by the National Assembly in 2002 and amended in 2004, lacked the necessary approval from a majority of state Houses of Assembly.

They contend that the EFCC’s establishment under the United Nations Convention Against Corruption did not meet constitutional requirements, making its operations illegal in states that did not consent. The states argue that, under the supremacy of the 1999 Constitution, any inconsistent actions should be considered null and void.

Kogi State has raised six key issues in its submissions to the Supreme Court and is seeking nine major reliefs, including a declaration that the EFCC, NFIU, or any federal agency cannot investigate or manage funds belonging to Kogi State or its local government areas without state consent. Kogi also claims that federal agencies lack the authority to issue directives regarding the management of state funds.

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