Enugu State has officially withdrawn from the ongoing suit challenging the legality of the Economic and Financial Crimes Commission (EFCC) and the Nigerian Financial Intelligence Unit (NFIU) guidelines.
The state was the sixth plaintiff in the case, which was filed by multiple states contesting the laws that created the EFCC.
Enugu’s withdrawal follows the exits of five other states from the suit.
Anambra, Adamawa, and Ebonyi were the first three to withdraw before the Supreme Court’s seven-member panel of justices on October 22, 2024, the day the case was set for hearing.
Following their withdrawals, Benue and Jigawa also filed applications to pull out, with Benue submitting its application on October 23 and Jigawa following suit on October 24.
In a formal application submitted to the Supreme Court, Enugu’s Attorney General, Kingsley Udeh, notified the court of the state’s decision to discontinue its participation in the case.
The withdrawal was officially filed on October 24, 2024, under suit number SC/CV/178/2023.
The notice stated that the Attorney General of Enugu State intended to withdraw from the suit against the Attorney General of the Federation.
Enugu’s exit reduces the number of states pursuing the case to 13, after Kogi State had originally initiated the legal action in 2023.
The remaining states argue that the EFCC and NFIU laws, which were passed in 2004, violate the provisions of Section 12 of the 1999 Nigerian Constitution.
They contend that the process by which the United Nations Convention Against Corruption was incorporated into the EFCC Establishment Act did not follow constitutional procedures.
Specifically, they claim that Section 12 requires approval from a majority of state Houses of Assembly before such laws can be enacted, a step they assert was not properly followed.
The plaintiffs argue that, under the Nigerian Constitution, any law passed without the proper ratification by state legislatures cannot be valid in states that did not approve it.
They further said any institution established under such a law—such as the EFCC—should be considered unconstitutional and illegal.
With Enugu’s withdrawal, only 13 states remain in the suit, which is still pending at the Supreme Court.
