The Anambra State Government has formally withdrawn from the legal suit challenging the legality of the Economic and Financial Crimes Commission, EFCC, a case initially brought by Kogi State.
The announcement was made on Tuesday by Anambra’s Attorney General, Prof. Sylvia Ifemeje, who submitted a withdrawal notice dated October 20 to the Supreme Court, stating the state’s decision to exit the case.
While Anambra pulled out, Osun State, through its Attorney General, Mr. Oluwole Bada, applied to consolidate its grievances against the EFCC with Kogi’s, aiming to seek the same reliefs against the agency. Several other states, including Kogi, Kebbi, Katsina, and others, appeared before the Supreme Court to maintain their challenge, claiming the EFCC’s establishment violated the 1999 Constitution.
The Attorney General of the Federation, Prince Lateef Fagbemi, SAN, did not object to Anambra’s withdrawal but stood as the sole defendant in the case.
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The suit, originally filed by 16 states, questions the legality of the EFCC’s operations, arguing that the anti-graft agency was not properly established under Nigeria’s constitutional framework. The plaintiffs assert that section 12 of the 1999 Constitution was not followed when the EFCC was created in 2002, contending that majority approval from state Houses of Assembly was required.
The states argue that the EFCC’s establishment did not comply with this requirement, making it unconstitutional for the agency to operate within states that had not consented to its creation. They also assert that, based on a prior Supreme Court ruling, the EFCC was founded on a United Nations convention that was improperly translated into Nigerian law without adhering to constitutional guidelines. Kogi State is seeking multiple declarations from the court, including one that bars the EFCC and other federal agencies from investigating or managing the state’s funds.
Despite Anambra’s exit, the case continues to gather momentum as states seek to challenge the agency’s constitutional legitimacy.
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