Anambra, Adamawa & Ebonyi Withdraw From Supreme Court Case Challenging EFCC’s Legality As Court Reserves Judgment

The states; Anambra, Adamawa and Ebonyi, announced their decisions to withdraw from the matter, shortly after it was called up for hearing.

The Attorney General of Anambra state, Prof. Sylvia Ifemeje, told the apex court that the state was no longer willing to be a part of the legal action that was originally instituted by Kogi state.

She disclosed that the state’s withdrawal notice was dated October 20.

Likewise, Adamawa state, through its own AG, Mr. J. I. Jingi, also notified the apex court that it had on October 14, also filed a notice of withdrawal.

Ebonyi state, which was initially listed as the 18th plaintiff, through it counsel, Mr. Ikenna Nwidagu, also applied to withdraw from the matter.

Their request to pull out of the case was not opposed by the Attorney-General of Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, who is the sole defendant in the matter.

Consequently, the apex court panel, led by Justice Uwani Abba-Aji, struck out Anambra, Adamawa and Ebonyi states as the 9th, 16th and 18th plaintiffs in the suit.

Meanwhile, the development came on a day that Osun state, through its Attorney-General, Mr Oluwole Bada, applied to be allowed to consolidate its own grievance against the operations of the EFCC, with that of Kogi state.

Osun state told the court that it is seeking the same relief that Kogi state listed against the EFCC.

Whereas Sokoto state, which was earlier joined as a co-plaintiff in the matter, did not send any legal representative at the resumed proceeding on Tuesday, other states that announced their appearances, were; Kogi, Kebbi, Katsina, Jigawa, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo and Bauchi.

Others were; Taraba, Imo and Nasarawa.

Even though the suit, marked: SC/CV/178/2023, was originally brought before the court by Kogi state, however, 15 other states applied and were joined as co-plaintiffs, while others filed applications for their own suit to be consolidated with the extant matter.

The states are basically challenging the legality of the operations of the EFCC which they insisted was not validly established by the then administration of President Olusegun Obasanjo.

It will be recalled that the EFCC was established by an Act of the National Assembly on December 12, 2002, by Obasanjo’s administration.

Following the appointment and confirmation of its pioneer Executive Chairman, Mallam Nuhu Ribadu and other administrative officers, by the Senate, the Commission commenced its operational activities on April 13, 2003, though its Establishment Act was later amended in 2004.

However, in the suit before the apex court, the states, through their respective Attorneys General, argued that section 12 of the 1999 Constitution, as amended, was not complied with before the EFCC began its operations.

According to the plaintiffs, it was a mandatory provision of the Constitution that the majority of the Houses of Assembly of States must vote and agree to the passage of the EFCC Act, insisting that it was not something that only the National Assembly was legally allowed to do.

They told the Supreme Court that none of the states was carried along before the EFCC was established by then President Obasanjo’s administration.

They argued that the Supreme Court had in a decided case-law in Dr. Joseph Nwobike Vs Federal Republic of Nigeria, held that it was a United Nation Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.