A Federal High Court in Abuja has dismissed a suit seeking to stop the Economic and Financial Crimes Commission from investigating allegations of fraud and economic crimes against businessman Abubakar Isa.
Justice Emeka Nwite, who delivered the ruling, held that the case lacked merit and reaffirmed the EFCC’s statutory authority to conduct investigations without interference.
“The AGF has enormous power to take over proceedings in criminal matters, but such powers are not at large,” Justice Nwite stated.
“Under Section 43 of the EFCC Act 2004, the anti-graft agency is not under any obligation to take advice from any ministry or agency to drop its statutory powers to investigate alleged economic crimes.”
Isa had approached the court, alleging that the EFCC was acting on behalf of his business rivals and conducting a biased investigation into his transactions without disclosing the nature of his alleged offences.
He sought an order directing the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, to stop the probe and transfer the case to another security agency.
However, the judge ruled that the businessman’s request had no legal basis. “Section 174 (3) of the 1999 Constitution does not confer any power on the AGF to nominate any agency to conduct an investigation into economic crimes or financial breaches,” he said.
The court further emphasized that the EFCC operates independently in its statutory duties.
“In the exercise of its statutory duties, the EFCC is not under any obligation to obey directives from any ministry or government department,” the judge ruled.
