…as Osun joins suite
The notice was presented through its Attorney General, Prof. Sylvia Ifemeje, to the Supreme Court.
By Deborah Hassan
365Daily – The Anambra State Government has announced its decision to withdraw from the lawsuit instituted by Kogi State challenging the legality of the Economic and Financial Crimes Commission (EFCC)’s operation.
It made this known on Tuesday, October 22, 2024 via a withdrawal notice dated October 20, 2024. The notice was presented through its Attorney General, Prof. Sylvia Ifemeje, to the Supreme Court.
In contrast, the government of Osun State indicated interest in joining the suit.
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 whose appearances were announced 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 and Minister of Justice, Prince Lateef Fagbemi, SAN, was the sole defendant in the matter. He did not oppose Anambra State’s request to pull out of the case.
The states are contending that the anti-graft agency was not validly established by the then administration of President Olusegun Obasanjo. EFCC was established by an Act of the National Assembly on December 12, 2002.
They are seeking the apex court for, “a declaration that the Economic and Financial Crimes Commission (EFCC), the Nigerian Financial Intelligence Unit (NFIU) or any agency of the Federal Government of Nigeria cannot investigate, require documents, invite and or arrest anyone with respect to offenses arising from or touching on the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogi State.
“A declaration that the Federal Government of Nigeria, through the Nigerian Financial Intelligence Unit (NFIU) or any agency of the Federal Government, lacks the power to issue any directive, guideline, advisory or any instrument howsoever called for the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogi state.”
Citing the constitution of the Federal Republic of Nigeria, the plaintiffs stated that the majority of the Houses of Assembly of States ought to have voted and agreed to the passage of the EFCC Act, and not just the National Assembly.
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 Nations 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.
The plaintiffs added that consequently, the EFCC Establishment Act cannot be applicable in states that never approved of it, and should be regarded as an illegal institution.