The Economics and Financial Crimes Commission (EFCC) has the powers to investigate state governments’ accounts and the deployment of states’ funds, a Federal High Court in Abuja has declared.
Justice Nnamdi Dimgba made the declaration yesterday in a judgment on a suit filed by the Benue State Government through its Attorney General (AG).
The suit challenged the investigation of the state’s accounts and finances by the EFCC and the subsequent temporary freezing of the state’s accounts.
Justice Dimgba disagreed with two earlier decisions by Justices Ahmed Mohammed and Taiwo Taiwo (also of the Federal High Court) in the cases by Rivers and Ekiti states’ governments on similar probe by the EFCC.
Justice Dimgba said the powers of the House of Assembly and the Auditor General of a state to scrutinise the financial activities of a state did not prevent the EFCC from exercising its power to investigate financial crimes in any state.
The judge was of the view that, at best, the power of the EFCC to investigate states’ finances was complementary to the functions of the House of Assembly and those of a state’s Auditor-General.
Justices Mohammed and Taiwo had separately held that the EFCC could only probe state’s finances and accounts with the permission of the state’s House of Assembly.
But, in his view, Justice Dimgba said: “The powers donated to the EFCC under Section 38 of its Act are very broad and not limited to any geographical location. It is so broad that it arises even in the context of management of state’s finances.
“I am of the view that EFCC retains the powers to investigate the finances of the state. It does not do any violence to the doctrine of federalism and separation of powers.
“Besides, the EFCC has the expertise to carry out forensic investigation of financial crimes. Neither the House of Assembly nor the Auditor General has the special skills to investigate financial crimes.
“I differ with my brothers’ decision in the case of ?AG Rivers vs EFCC and AG Ekiti vs EFCC because there is some danger in holding that only state Houses of Assembly can investigate states’ finances.
“This court takes a different view bearing in mind the collaborative efforts between the state and Federal Government in the fight against corruption.
“EFCC has legal powers to investigate financial crimes in every strata of our public ?life, even at local government level,” the judge said.
Justice Dimgba faulted the argument by Emeka Etiaba (SAN) for the plaintiff, to the effect that the EFCC’s activities, in inviting Benue State’s officials, amounted to investigating the state government.
The judge said: “I make bold to say that the suit rest on a fallacy that EFCC is investigating the Benue State Government. This misconception collapsed in the face of the provision of Section 38 of the EFCC Act.
“What is clear to me, going by the exhibits attached by the 1st defendant, is that petitions were written against some named officials in the administration of the Benue State Government, containing allegations of fraud against them.
“Invitation letters were directed to some officials of Benue State Government and another letter requesting the release of some state’s officials.
“None of the officials is a governor or deputy ?governor, who enjoys immunity under Section 308 of the 1999 Constitution. The suggestion that EFCC is investigating Benue State Government did not hold water.
“I am of the view that EFCC acted within its powers under the law when it sent letters of invitation to some officials of the Benue State Government for the purpose of investigation, which is the subject matter before this court.
“I don’t agree that its action is an usurpation of the responsibilities of the state House of Assembly and the Auditor General of the state.”
Justice Dimgba cautioned the EFCC to always be neutral and avoid portraying itself as biased. He urged the EFCC to carry out its statutory functions in a way that allows it to earn public confidence.
The judge noted that where the EFCC act in a manner that suggests witch-hunt, it gives room for people to doubt its fairness and neutrality.
Justice Dimgba dismissed the suit for lacking in merit. He held that the case was built on a misconception that the EFCC lacked the statutory powers to investigate the financial activities of a state government.
