The Anambra State Government has withdrawn from a legal challenge questioning the legitimacy of the Economic and Financial Crimes Commission (EFCC). The suit, originally initiated by Kogi State, disputes the constitutionality of the EFCC, Nigerian Financial Intelligence Unit (NFIU), and Independent Corrupt Practices Commission (ICPC).
Anambra’s Attorney General, Prof. Sylvia Ifemeje, notified the Supreme Court of the state’s withdrawal through a notice dated October 20. Meanwhile, Osun State, represented by Attorney General Mr. Oluwole Bada, sought to join the case, aiming to combine its claims against the EFCC with those of Kogi State.
Anambra State Government Official Website
A seven-member Supreme Court panel, led by Justice Uwani Abba-Aji, addressed the matter in Tuesday’s hearing, noting Sokoto State’s absence despite its previous co-plaintiff status.
The legal action, involving 16 states including Kogi, Kebbi, and others, challenges the EFCC’s operations, arguing that the agency was not properly established under the 1999 Constitution. The plaintiffs claim that the EFCC Act, passed by the National Assembly in 2002 and amended in 2004, violated section 12 of the Constitution, as it lacked the endorsement of a majority of state Houses of Assembly.
Kogi State has presented six issues and sought nine key reliefs in its submissions, including a declaration that federal agencies like the EFCC or NFIU cannot investigate or manage state funds without state consent. It further argues that the 1999 Constitution’s supremacy should render any federal action inconsistent with it null and void.
Anambra’s withdrawal faced no opposition from the federal government, represented by Attorney General of the Federation, Prince Lateef Fagbemi, SAN. The case continues as Osun State and other plaintiffs push their grievances in court.
