Benue State has officially applied to withdraw from a Supreme Court case challenging the constitutionality of the laws that established the Economic and Financial Crimes Commission (EFCC).
In a notice dated October 23, 2024, signed by Fidelis Mnyim on behalf of the Attorney General and Commissioner for Justice, Benue State confirmed its decision to discontinue participation in the suit.
The notice stated, “The Attorney General of Benue State, the 8th plaintiff, hereby discontinues this suit against the Attorney General of the Federation, the defendant.”
With this withdrawal, Benue becomes the fourth state to step back from the legal challenge, following Anambra, Ebonyi, and Adamawa, who announced their withdrawals earlier this week.
On Tuesday, October 22, during the suit’s hearing, Anambra (9th plaintiff), Adamawa (16th plaintiff), and Ebonyi (18th plaintiff) presented withdrawal applications to the court.
The Attorney General of Anambra State, Professor Sylvia Ifemeje, withdrew with a motion filed on October 20, while Ebonyi’s Attorney General, Ikenna Nwidagu, and Adamawa’s Attorney General, Afraimu Jingi, each submitted notices to withdraw.
The Supreme Court approved each request without opposition from the Attorney General of the Federation.
In a related development, Benue State Governor Rev. Fr. Hyacinth Alia suspended the state’s Attorney General, Fidelis Mnyim, citing an unauthorised decision to join the suit.
Governor Alia said that Benue supports anti-corruption efforts by the EFCC and the Independent Corrupt Practices Commission (ICPC) and criticised Mnyim’s “unilateral” involvement in the legal challenge.
“No appointee is permitted to act unilaterally. My administration holds accountable those who embezzled money and drained our state dry,” he stated during a press conference at the State Government House on Wednesday.
The suit, originally initiated by Kogi State and joined by other states, challenges the legality of the EFCC and related agencies based on the argument that the United Nations Convention against Corruption, incorporated into the EFCC Act, was enacted without state legislative consent as required under Section 12 of the Nigerian Constitution.
The plaintiffs contend that without this constitutional procedure, the EFCC Act should not be enforceable in states that did not approve it.
