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Osun seeks joinder as S’Court reserves ruling in EFCC lawsuit
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Three out of the 19 states challenging the constitutionality of the laws that established the Economic and Financial Crimes Commission, on Tuesday, informed the Supreme Court of their intention to withdraw from the suit.
Anambra (ninth plaintiff), Adamawa (16th plaintiff) and Ebonyi (18th plaintiff) separately made an application of withdrawal before the court.
The Attorney General of Anambra State, Prof Sylvia Ifemeje, informed the court of her intention to withdraw from the suit, having filed a motion of withdrawal on October 20.
Also, the Attorney General of Ebonyi State, Ikenna Nwidagu, said “My Lord, I filed a notice of withdrawal dated and filed October 21. My Lords, we pray this honourable court strike out the name of the 18th plaintiff.”
The Attorney General of Adamawa State, Afraimu Jingi, said “My Lord, I have filed a notice of withdrawal of suit dated October 14. I am praying this court to allow me withdraw from the suit.”
Unanimously, the seven-man panel of the Supreme Court presiding over the matter granted their requests and struck out their names from the suit, as the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, did not oppose.
With their withdrawal, Kogi, Katsina, Kebbi, Sokoto, Jigawa, Oyo, Benue, Enugu, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Taraba, and Imo states remain in the suit.
Meanwhile, Osun State Attorney-General, represented by Oluwole Jimi-Bada, told the court he filed a motion to be consolidated in the suit.
The Kogi State counsel, Abdulwahab Mohammed (SAN), who is the first plaintiff), urged the court to grant all their reliefs.
He stated that that the EFCC was not well founded, stressing that the commission was a product of convention.
“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.
“Chief Kanu Agabi (SAN) told this court that it was the convention of the UN that reduced this into law. Section 12, that provision was never followed.
“This fact was not an issue with the case of AG Ondo Vs AG Federation. So there is a specific provision for bringing a convention in. You cannot just be talking about Items 7 of 8.
“We are also challenging the foundation of those laws that created Nigerian Financial Intelligence Unit, EFCC, etc. in order not to create a constitutional crisis,” he said.
He argued that the EFCC and others were products of convention and not well founded.
“It (EFCC) was never meant to be a law that would be all over the country. It was made to protect our resources from going out of this country. We pray your lordship to allow this suit and award heavy cost in favour of the plaintiff on record,” he said.
The AGF (defendant), in his response, urged the apex court not to deviate from the previous judgment it delivered on same matter which was previously brought before it, stressing that the court had to strike out the suit in its entirety.
He said, “I adopt and rely on my processes and urge your Lordship to strike out the plaintiff’s originating summon.
“In respect of the case of Joseph Nwobike, it is noted that Nwobike’s case in action or inaction of the former AGF Kanu Agabi (SAN) has no place at all in this case.
“The UN Convention may have expired but we did not do it because the UN convention asked us to. Section 15 sub-section 5 says ‘The state must abolish all corrupt practices and abuse of power.’ There is no indication that your lordship should deviate from what you already said.
“This suit should be struck out from its stems, branches and roots. I urge your lordship to dismiss the suit.
“The implication your lordship if you grant the relief of the plaintiff is that the public will say the Supreme Court is supporting corruption.”
After the parties made their arguments, Justice Awani Abba Aji announced that the suit would be reserved for judgment at a date to be communicated to the parties.
Nasarawa and Ogun states with separate request were also joined in the general suit.
Nineteen state governments had come together to contest the constitutionality of the laws that established the EFCC in the country, although Nasarawa and Ogun specifically challenged the NFIU cash withdrawal limit guidelines.
The state governments argued that the Supreme Court, in Dr Joseph Nwobike Vs Federal Republic of Nigeria, held that it was a United Nations convention against corruption that was reduced into the EFCC Establishment Act.
They held that in enacting the law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.
They argued that in bringing a convention into the Nigerian law, the provision of Section 12 must be complied with.
According to the plaintiffs, the provision of the constitution necessitated the majority of the states’ houses of Assembly agreeing to bringing the convention before passing the EFCC Act and others, which was allegedly never done.
The argument of the states was that the law, as enacted, could not be applied to states that never approved of it, in accordance with the provisions of the Nigerian constitution.
President Bola Tinubu on Monday defended his administration’s decision to remove the Federal Capital Territory Administration from the Treasury Single Account, saying the policy has provided the financial flexibility needed to accelerate infrastructure development across Abuja.
The President also dismissed claims that the executive was interfering in the affairs of the judiciary through the provision of infrastructure, insisting that supporting the justice sector is a constitutional responsibility of government.
Tinubu spoke while inaugurating the new Office Annex of the Body of Benchers and 10 units of four-bedroom staff quarters at the Nigerian Law School in Bwari, Abuja.
He was represented at both events by the Secretary to the Government of the Federation, Dr George Akume.
Speaking on the decision to exempt the FCTA from the TSA, Tinubu said the move had enabled the administration to execute projects more efficiently by eliminating bureaucratic bottlenecks.
He said, “When we pulled the FCT Administration out of the Treasury Single Account, there were sceptics. There were those who questioned the wisdom of that financial liberation.
“But we did it because we knew that local administration must have the liquidity, the speed and the corporate flexibility to interface with financial institutions and deliver critical projects without bureaucratic strangulation. Today, the results are glaring.”
Tinubu said the visible transformation in the Federal Capital Territory had justified the policy, crediting the Minister of the Federal Capital Territory, Nyesom Wike, for delivering on the administration’s development agenda.
“When I appointed Minister Wike, I gave him a clear mandate to transform Abuja into a modern, functional and world-class capital city.
“Over the last three years, the scale of infrastructural development, urban renewal and project delivery in the FCT has been unmatched,” he said.
The President also commended Wike for resolving the long-standing land documentation challenge facing the Nigerian Law School by facilitating the issuance of its Certificate of Occupancy after years without a formal title.
At the inauguration of the Body of Benchers’ Office Annex, Tinubu described the project as a demonstration of his administration’s commitment to strengthening the rule of law, democratic governance and institutional independence.
Responding to criticisms that the executive was encroaching on the independence of the judiciary by constructing facilities for the legal community, the President rejected the claim.
“Let me be absolutely clear: the provision of infrastructure for the legal community and the judiciary is not an interference in the independence of another arm of government.
“Rather, it is a constitutional and collaborative duty of the executive to ensure that those who interpret and uphold our laws are provided with an environment that fosters operational efficiency and excellence,”he said.
At the Nigerian Law School, Tinubu said quality infrastructure remained essential to producing competent legal professionals, stressing that the government was committed to improving learning and living conditions within the institution.
“We cannot build a world-class legal system with dilapidated infrastructure,” he said.
The President described the newly inaugurated staff quarters as the first phase of broader investments at the Law School, disclosing that the Federal Government was funding the construction of a new auditorium, additional student hostels and the digitisation of the institution’s academic and administrative operations.
He added that similar interventions were ongoing across the justice sector, including the construction of the Abuja Division of the Court of Appeal, magistrates’ courts and residential quarters for judges.
According to him, the projects reflected the administration’s determination to strengthen institutions that sustain democracy rather than merely constructing physical infrastructure.
“We promised not just to govern, but to reform. We promised to rebuild the broken structures of our institutional foundations,” Tinubu said.
He maintained that the projects demonstrated the Federal Government’s commitment to translating its promises into measurable results through sustained investment in critical national institutions.
The Federal Government incurred an electricity tariff subsidy of N358.32 billion in the first quarter of 2026 as it continued to bridge the gap between cost-reflective electricity tariffs and the rates paid by consumers, according to the latest report by the Nigerian Electricity Regulatory Commission (NERC).
In its First Quarter 2026 report released on Monday, NERC said the subsidy represented a 14.44 per cent decline from the N418.79 billion recorded in the fourth quarter of 2025.
The Commission attributed the reduction mainly to lower electricity offtake by distribution companies (DisCos), rather than improvements in tariff recovery.
NERC explained that because electricity tariffs remain below cost-reflective levels, the Federal Government continues to subsidise the difference between the actual cost of power generation and the approved tariffs charged to consumers.
Under the current Distribution Companies’ Remittance Obligation (DRO) framework, the subsidy covers part of the generation costs payable by DisCos to the Nigerian Bulk Electricity Trading Plc (NBET), while the Federal Ministry of Finance settles the outstanding balance.
According to the report, electricity generation companies invoiced a total of N689.72 billion for power supplied to the 11 electricity distribution companies during the quarter. However, only N331.40 billion was billed to the DisCos under the DRO arrangement, leaving the Federal Government to cover the remaining N358.32 billion.
NERC said the subsidy accounted for 51.95 per cent of the total generation invoice during the period, compared with 52.03 per cent in the preceding quarter.
“The key driver of this reduction in the Federal Government’s subsidy obligation is the decrease in energy offtake by the DisCos by 8.56 per cent between the fourth quarter of 2025 and the first quarter of 2026,” the Commission stated.
The report also showed that the 11 DisCos collected N597.56 billion out of the N756.93 billion billed to customers during the quarter, representing a collection efficiency of 78.95 per cent, slightly below the 79.36 per cent recorded in the previous quarter.
Among the distribution companies, Ikeja Electric recorded the highest collection efficiency at 90.0 per cent, followed by Eko DisCo with 89.64 per cent, Benin DisCo with 85.16 per cent, Port Harcourt DisCo with 81.22 per cent, and Abuja DisCo with 80.90 per cent.
Kaduna DisCo recorded the lowest collection efficiency at 45.81 per cent.
NERC noted that while Jos, Kaduna, Kano, Port Harcourt and Benin distribution companies improved their collection efficiencies compared with the previous quarter, the remaining six DisCos recorded declines, with Enugu DisCo posting the sharpest drop.
President Bola Tinubu is currently in a private meeting with Benue State Governor Hyacinth Alia and former governor, Senator Gabriel Suswam, at the Presidential Villa in Abuja.
The Monday meeting is taking place at a time of rising political tension in the North-Central state.
No official details have been released, as discussions are ongoing behind closed doors.
The engagement comes amid growing divisions within the Benue chapter of the ruling All Progressives Congress (APC), where Governor Alia and allies of the Secretary to the Government of the Federation (SGF), Senator George Akume, are reportedly struggling for control of the party structure ahead of the 2027 elections.
It also follows recent political shifts in the state, with Senator Suswam’s name surfacing after the APC senatorial primaries as a notable figure ahead of the next election cycle.
While it remains unconfirmed whether the state’s political crisis is on the agenda, the timing of the meeting has fueled speculation that the Presidency may be stepping in to calm tensions, reconcile rival blocs, and encourage unity among key political actors in the state.
As of the time of filing this report, the Presidency had not released any official statement on the outcome of the discussions.
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