Court dismisses Akwa Ibom’s suit challenging EFCC powers
The Akwa Ibom Division of the Federal High Court has thrown out a suit filed by the state’s attorney-general in 2017, Uwemedimo Nwoko, challenging the statutory powers of the Economic and Financial Crimes Commission to investigate the state government’s financial activities.
In a statement on Tuesday, the EFCC said Justice M.A. Onyetenu delivered the landmark judgment last Thursday, hinging the ruling on the preliminary objection filed by the commission’s legal team.
According to the anti-graft agency, the case started in 2016 when some indigenes of the state petitioned the office of its chairman over alleged diversion of state resources for purposes other than the welfare and development of the state.
“The commission then commenced investigation into the matter and subsequently invited some government officials for questioning. But rather than honouring the invitation, the officials approached the Akwa Ibom State High Court, Ikot Ekpene, through the state Attorney-General, challenging the Commission’s actions,” the statement explained.
Noting that the suit also joined other federal government agencies, the EFCC said the attorney general challenged the EFCC’s authority to investigate the state government’s financial activities.
“While the matter was pending before the State High Court, the attorney general instituted another suit at the Federal High Court. The attorney general further obtained an interim restraining order on July 6, 2016, from the late Honourable Justice F.O. Riman, restraining the commission and other federal government agencies pending the determination of the case,” it added.
The statement explained that the order was later relied on to challenge the commission’s attempts to invite state officials for questioning, adding that an appeal against the restraining order was unsuccessful, as the court directed the parties to return to the trial court and await determination of the substantive suit.
The EFCC noted that the judge upheld the preliminary objection and dismissed the entire suit.
The anti-graft agency described the ruling as marking a significant legal development in the protracted dispute over its investigative powers in relation to the financial activities of the state.
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