A Federal High Court in Awka has dismissed a lawsuit filed by the Anambra State Government challenging the power of the Economic and Financial Crimes Commission (EFCC) to investigate his finances.
The EFCC had asked the state government to provide explanations on an alleged case of fraudulent misappropriation of funds regarding the data collection exercise for the administration of subsidies to small farmers.
The anti-corruption agency also sought explanations from the government about alleged cases of abuse of power and misappropriation of funds.
Upset by the EFCC’s investigations into its financial affairs, the government sued to challenge the commission’s power to investigate its finances.
The administration of Gov. Willie Obiano filed the lawsuit.
This newspaper reported how Obiano was detained by the EFCC hours after he handed over to his successor, Charles Soludo, on March 17, 2022.
Costume
The Anambra State Government, in the lawsuit, asked the court to determine whether “the allocation, disbursement or administration of funds belonging to the state government are subject to investigation by the EFCC, which is an agency of the federal government.” ”.
The government also asked the court to determine whether the EFCC’s power, as an agency of the federal government, was not restricted to matters set out in the exclusive legislative list and whether state finances are not matters within concurrent legislation. list contained in the country’s 1999 Constitution.
He sought to know if the provisions of the constitution do not reserve the power and function to investigate the appropriation, disbursement and/or administration of their accounts to the State House of Representatives.
In addition, it asked the court to determine whether the EFCC can “legitimately” investigate public government funds that have been legally appropriated by the State House of Assembly.
the judgment
The judge, Nnamdi Dimgba, ruled that the EFCC has constitutional powers to investigate any act of economic and financial crime anywhere in the country, according to a statement by commission spokesman Wilson Uwujaren on Wednesday.
Mr. Dimgba emphasized that neither the state House of Assembly nor a state’s auditor general “prevents” the commission from fulfilling its mandate as provided in the constitution.
“In the context of the case in question, which is whether it is legitimate for the EFCC to initiate investigative activities against the appointed officials of the Anambra State Government as indicated in Annex 1 in relation to the manner of management and use of funds Anambra State, the question posed against the Plaintiffs must be answered and the corresponding relief requested must be denied,” the judge was reported as saying.
While agreeing with an earlier ruling that Nigeria practices “cooperative federalism”, Mr Dimgba said the commission was empowered to investigate and prosecute offenders of federal and state economic and financial crimes under “cooperative federalism”. practiced in Nigeria.
“As such, it qualifies as ‘any other authority or person’ empowered by Section 211(1)(b) of the constitution to institute or initiate criminal proceedings,” he said of the EFCC.
“EFCC is the coordinating body for the application of the provisions of any other law or regulation on economic and financial crimes, including the Penal Code and the Penal Code. The commission has powers under Section 13(2) of the EFCC Act to prosecute crimes as long as they are financial crimes,” he added.
The judge said that although two federal high courts in Rivers and Ekiti states had previously ruled that the EFCC lacks the power to investigate a state’s finances, he would not take that view.
“I am of the opinion that it is not a proposition that follows from a proper interpretation of sections 125 to 129 of the constitution juxtaposed with the powers of the first defendant under the EFCC Act,” Dimgba said.
He further said that the judges who handed down judgments in the states of Rivers and Ekiti could have reached their conclusions on the basis of facts different from those presented to him in the latest lawsuit.
It is not clear, for now, if Soludo GovernorThe administration will appeal the judgment.
The state information commissioner in Anambra state, Paul Nwosu, did not respond to calls or a text message seeking comment.