Jigawa joins states withdrawing from suit against EFCC, ICPC

In all, five states have now withdrawn from the case challenging the legality of EFCC and ICPC.

Jigawa State has joined the train of plaintiffs withdrawing from a lawsuit challenging the legality of Nigeria’s flagship anti-corruption agencies, the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and other related offences Commission (ICPC).

Bello Fanini, the Attorney General and Commissioner for Justice of the state, submitted a notice of discontinuance at the Supreme Court, officially withdrawing the state as a plaintiff in the case, on Thursday.

This decision came two days after the Supreme Court had already conducted the final hearing and postponed the case for judgement.

Jigawa State’s move aligns with that of Benue State, which also reconsidered its position regarding the case while awaiting the judgement and filed its notice of discontinuance on the same day.

These two states joined Anambra, Adamawa, and Ebonyi, which had initiated a wave of withdrawals from the lawsuit during Tuesday’s Supreme Court hearing.

“Notice that the 5th Plaintiff (Attorney General of Jigawa) herein intends and wholly withdraws his suit against the Defendant (The Attorney General of the Federation) in the above-mentioned suit,” Jigawa State’s notice of discontinuance read in part.

If the court reckons with the post-hearing notices of discontinuance, the number of plaintiffs will decrease from 19 states to 17.

Meanwhile, it remains uncertain how significantly these withdrawals will affect the overall outcome of the case, even if the Supreme Court accepts them.

Row over Benue’s involvement

The lawsuit was originally initiated by Kogi State, where Governor Usman Ododo is strongly backing his predecessor, Yahaya Bello, who has been engaged in a prolonged effort to prevent prosecution by the EFCC on two sets of corruption charges.

Many other states rushed to join the suit as plaintiffs, with the Attorney-General of the Federation named as the sole defendant in the case.

In Benue State, the situation became contentious after the state’s attorney-general, Fidelis Mynin, decided to join the lawsuit as a co-plaintiff.

In a surprising turn of events, Benue State Governor Hyacinth Alia suspended the attorney general Mr Mynin, stating that he joined the suit without obtaining the governor’s approval.

Apart from the decision to join the suit being unilateral, the governor said, “My administration is holding accountable those who embezzled money and drained our state dry. The EFCC and ICPC are assisting us in this effort.

“How can I now turn around and begin to challenge these watchdogs? I did not permit him to enter an appearance for the state. Because he acted on his own, I hereby suspend him indefinitely pending a satisfactory explanation of his actions.”

Constitutional challenge against the EFCC

The suit, now with 17 remaining plaintiffs, argues that the establishment of EFCC and ICPC violates the Nigerian constitution.

Led by Kogi State, the plaintiffs contend that the EFCC Act was passed without the necessary majority approval of Nigeria’s state assemblies, a procedural requirement they claim is mandated by a 2004 Supreme Court ruling on the ratification of international conventions.

Mohammed Abdulwahab, representing Kogi, argued that “the EFCC Act’s enactment was never approved by the majority of states, as required by Section 12 of the constitution,” urging the Supreme Court to declare the EFCC’s authority unconstitutional in states that did not endorse its creation.

In response, the Attorney General of the Federation, Lateef Fagbemi, dismissed the states’ arguments, referencing previous Supreme Court rulings, including AG Ondo v. AG Federation, as affirming the EFCC Act’s constitutionality.

Mr Fagbemi called for the lawsuit’s dismissal, insisting that the legitimacy of EFCC is firmly grounded in legal precedent.

The remaining states still interested in pursuing the case are Kogi, Kebbi, Katsina, Sokoto, Enugu, Oyo, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun, and Taraba.