Three states, Anambra, Adamawa and Ebonyi, yesterday, withdrew from the suit instituted by Kogi State and 18 others challenging the constitutionality of the law establishing the Economic and Financial Crimes Commissions (EFCC) and the Independent Corrupt Practices and other related offences Commission (ICPC) before the Supreme Court.

A seven-man panel of justices, led by Justice Uwani Abba-Aji, struck out the names of the three states from the suit marked: SC/CV/178/2023 after listening to the application for withdrawal by each state separately.

The application for withdrawal by Anambra, Adamawa and Ebonyi were brought by the attorneys general of the respective states, praying the apex court to strike out their names from suit.

Earlier, the Attorney-General of the Federation, Lateef Fagbemi, SAN, who was present in court as the defendant, had craved the court’s indulgence to take the process they filed yesterday morning.

Justice Uwani Abba-Aji thereby granted leave to the defendant to use the reply on point of law filed yesterday.

Mohammed Abdulwahab, SAN, who appeared for the first plaintiff, pointed out that the amended processes filed by the AGF were different from what had initially been filed, noting that he had to refile his processes to answer to the fresh issues and facts.

“I seek your lordship’s indulgence to adopt the processes. We urge your lordship to grant all the reliefs sought.

“The crux of our suit is the decision of this court. The counsel that represented the appellant in that suit, by the rules of this Court Order 4, will be called to address this court. He participated in the bill that birthed the EFCC and ICPC together,” he said.

The judge asked who the counsel was and Wahab, SAN, replied: Chief Kanu Agabi, SAN, saying: “Chief Kanu Agabi, SAN, told this court that it was the convention of the United Nation (UN) that reduced this into law. Section 12, that provision was never followed.

“We are also challenging the foundation of those laws that created NIFU, EFCC, etc. in order not to create a constitutional crisis.

“We urge you to allow our suit and award heavy cost in favour of the plaintiff on record,” the counsel said.

Responding, Fagbemi, SAN, contended that the case of AG Ondo v. AG Federation and other decisions had already settled all the issues raised in the plaintiffs’ case and that the Supreme Court could not depart from those decisions. He, therefore, prayed that the suit be dismissed

Fagbemi said the action or inaction of the former Attorney General of the Federation, Kanu Agabi, had no place in the case at all.

He argued that the law did not make mention of the United Nations, but that Section 15, Subsection 5 of the 1999 Constitution backed the Nigerian State in abolishing all forms of corruption.

Fagbemi said if the court set it aside, it would have many negative consequences, especially on previous decisions.

On AG Ekiti State vs. AGF, counsel for the defendant, Tijani Gazali, SAN, pointed out that the state was not represented at the last sitting and was not also represented yesterday.

“We apply that the matter be struck out for want of diligent prosecution, my lord,” Gazali prayed. This was granted.

The Attorney-General of Osun State, Oluwole Jimi-Bada, SAN, informed the court of their application for consolidation of their suit with that of Kogi State.

The judge, however, said they were already part of the matter, asking: “So, why do you want to consolidate? Judgment has already been reserved.”

The court ruled that the judgment on Kogi State would be applied to Ogun, Nasarawa and Osun states that had earlier applied for consolidation.

Justice Abba-Aji reserved judgment for a date to be communicated to the parties.

The states in the suit, brought by some states against the AGF, are: Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun and Taraba.