Enugu State has officially withdrawn from a significant legal case involving the Economic and Financial Crimes Commission (EFCC).
Originally filed by Kogi State in 2023, the case challenges the legality of the EFCC and the guidelines set by the Nigerian Financial Intelligence Unit (NFIU).
Eighteen states, including Enugu, joined this suit in opposition to federal laws concerning the EFCC, but Enugu has now chosen to exit the litigation.
The withdrawal of Enugu marks the sixth state to leave the case, following similar moves by Anambra, Adamawa, Ebonyi, Benue, and Jigawa. Anambra, Adamawa, and Ebonyi exited on October 22, during a Supreme Court hearing, while Benue and Jigawa followed shortly afterward, filing their withdrawal applications on October 23 and October 24, respectively.
Enugu’s Attorney General and Commissioner for Justice, Kingsley Udeh, submitted an official application to the Supreme Court to withdraw Enugu’s involvement.
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.”
With Enugu’s exit, the number of states actively challenging the EFCC’s legal framework has decreased to thirteen. The remaining states argue that the EFCC’s Establishment Act of 2004 did not comply with Section 12 of Nigeria’s 1999 Constitution, which mandates that an international convention like the United Nations Convention against Corruption—upon which the EFCC Act is based—must gain approval from a majority of state assemblies to be enforceable nationwide.
The Supreme Court, after a preliminary hearing on October 22, is yet to deliver a final judgment on the matter and will communicate its decision to the remaining plaintiffs at a later date.
