State Drops Out of Legal Challenge Involving Anti-Graft Agencies
The Enugu State Government has officially withdrawn from a lawsuit filed by 16 state governments against the Economic and Financial Crimes Commission (EFCC) and the Nigeria Financial Intelligence Unit (NFIU). The suit, which was originally filed in the Supreme Court, challenges the authority of these anti-graft agencies over state governments that did not consent to their creation.
Enugu’s decision to withdraw from the case comes after three other states—Ebonyi, Anambra, and Adamawa—pulled out of the suit on October 23, 2024. Despite the reduction in the number of plaintiffs, the Supreme Court has yet to issue a ruling, as the seven-member panel of justices has reserved judgment for a later date.
Enugu’s Withdrawal Application
Enugu’s Attorney General, Kingsley Udeh, filed an official application for the state’s withdrawal from the lawsuit on October 21, 2024. However, the application was not processed by the court until October 24, 2024, after it had been received by the Supreme Court’s Registrar. The court had not addressed the matter on October 23 as planned, leading to a delay in the formal acknowledgment of Enugu’s decision to withdraw.
The suit, marked as SC/CV/178/2023, included a notice of withdrawal signed by Attorney General Udeh and other officials from the Enugu Ministry of Justice. The document specifically states that the 6th Plaintiff (Enugu State) would no longer pursue the case against the defendant, the Attorney General of the Federation.
Background of the Lawsuit
The lawsuit was initially filed in 2023 by the Kogi State Government, with 15 other states, including Enugu, joining the case later. The states involved argue that the EFCC and NFIU have overstepped their authority by exercising control over state governments without their consent or approval. The case has drawn criticism from civil society organizations, which view the suit as an attempt to undermine the powers of key anti-corruption institutions in Nigeria.
When contacted, Enugu State’s Attorney General, Kingsley Udeh, declined to comment on the reasons behind the state’s withdrawal. Dan Nwomeh, the Special Adviser on Media to Enugu Governor Peter Mbah, referred all inquiries to the Attorney General’s office.
Remaining States in the Lawsuit
Despite Enugu’s withdrawal, the case remains active, with a number of other states continuing to challenge the EFCC and NFIU’s authority. The outcome of this case could have significant implications for the power dynamics between state governments and federal anti-graft agencies.
As of now, the Supreme Court has not set a date for hearing or issuing a final judgment on the matter, leaving the fate of the suit hanging in the balance.
