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Enugu State has opted to withdraw from the Supreme Court lawsuit filed by several states contesting the legitimacy of laws that established the Economic and Financial Crimes Commission, along with the operational guidelines issued by the Nigerian Financial Intelligence Unit. The decision by Enugu reshapes the group of states advocating for this legal challenge.
Originally filed by the Kogi State Government in 2023, the lawsuit challenging the legitimacy of the EFCC and the Nigerian Financial Intelligence Unit guidelines initially saw 18 other states, including Enugu, sign on as plaintiffs.
As the legal proceedings continue to see changes, Enugu State, originally the sixth plaintiff, has become the sixth state to step back, joining other states such as Anambra (ninth on the list), Adamawa (16th), and Ebonyi (18th) in withdrawing from the case.
At the hearing on October 22, three states pulled back from the case, submitting their withdrawal before the Supreme Court’s seven-member panel of justices, just as the proceedings were set to begin.
Following the initial hearing, Benue and Jigawa subsequently filed individual applications to formally withdraw from the case. Benue submitted its withdrawal request on October 23, with Jigawa following suit a day later on October 24.
The Eastern Updates learned that the Benue State Governor, Rev Fr Hyacinth Alia, suspended the state’s Attorney General and Commissioner for Justice and Public Order, Fidelis Mnyim, for not informing him before joining the suit.
Also, the Ogun State government said it was not challenging the constitutionality of the EFCC but was seeking an interpretation of the apex court on the NFIU guidelines on cash withdrawal limit.
The Supreme Court, after hearing on October 22, reserved judgment in the suit to a date it would communicate to the plaintiffs.
The Enugu State’s Attorney General and Commissioner for Justice, Kingsley Udeh, in an application addressed to the Supreme Court, disclosed the decision of the state to discontinue being a participant in the suit.
The application was officially received by the apex court, on October 24, 2024.
The state in a suit, marked SC/CV/178/2023, titled, “Notice of the 6th Defendant’s (Attorney General of Enugu State) Withdrawal from this Suit brought Under Order 4 Rule 1 of the Rules of This Court and Under the Inherent Jurisdiction of this Court)” states that “Take notice that the 6th Plaintiff (Attorney General of Enugu State) intends and doth hereby withdraws his suit against the defendant (Attorney General of Federation) in the above-mentioned suit.”
The application was signed by the Attorney General of the state – Kingsley Udeh.
With the withdrawal of six states, only 13 states are left to pursue the matter to a logical conclusion.
The states argue that the Supreme Court, in Dr Joseph Nwobike vs. the Federal Republic of Nigeria, held that the United Nations Convention against Corruption was incorporated into the EFCC Establishment Act and in enacting this law in 2004, the provisions of Section 12 of the 1999 Constitution, as amended, were not followed.
The plaintiffs further argued that implementing an international convention within Nigerian law necessitates strict adherence to Section 12, which outlines the procedural requirements for such incorporation.
The plaintiffs argued that, under the constitution, a majority approval from the state houses of assembly is required for the adoption of conventions before laws like the EFCC Act can be enacted—an approval process they allege was never completed.
The states maintained in their latest suit—an argument they said was upheld by the Supreme Court in a related case—that the enacted law could not apply to any state that had not provided its consent, in alignment with constitutional requirements.
Thus, they argued that any institution established without proper compliance should be considered invalid and without legal standing.
