Enugu State has formally withdrawn from a Supreme Court case originally filed by Kogi State, which, with support from 18 other states, contests the legality of both the Economic and Financial Crimes Commission (EFCC) and guidelines set by the Nigerian Financial Intelligence Unit (NFIU). Enugu, previously the sixth plaintiff, has become the sixth state to exit the lawsuit, leaving 13 states to pursue the case.
Filed in 2023, the suit was initiated by Kogi to contest the constitutionality of the EFCC’s establishment and the NFIU’s cash withdrawal limitations. A series of states—including Anambra, Adamawa, and Ebonyi—began withdrawing from the case in late October, shortly after the Supreme Court’s October 22 hearing.
The Attorney General of Enugu State, Kingsley Udeh, confirmed Enugu’s decision to discontinue its involvement, submitting a formal withdrawal to the Supreme Court on October 24. This move follows similar withdrawals by Benue and Jigawa, both of which filed applications for exit within days of each other, citing various reasons. Benue’s withdrawal was prompted by a controversy after Governor Hyacinth Alia suspended the state’s Attorney General, Fidelis Mnyim, for allegedly joining the suit without the governor’s knowledge.
The remaining plaintiffs argue that the EFCC Act, established under the United Nations Convention Against Corruption, bypassed the constitutional requirement for approval by state assemblies. They assert that, as outlined in Dr. Joseph Nwobike vs. Federal Republic of Nigeria, national conventions require the endorsement of a majority of state assemblies before becoming law. Without such approval, the states contend that laws like the EFCC Act hold no legal ground in jurisdictions that did not endorse them.
With the departure of six states, the remaining plaintiffs await the Supreme Court’s decision, with a final judgment date yet to be announced. The ruling could have significant implications for Nigeria’s anti-corruption architecture and the balance of federal power, setting a precedent for how federal agencies interact with state governments.
