Court strikes out suit to stop EFCC from investigating A’Ibom finances

A High Court sitting in Ikot Ekpene has declined jurisdiction to entertain a suit brought before it by Akwa Ibom State government seeking to restrain Economic and Financial Crimes Commission (EFCC) and other Federal Government agencies from investigating its financial transactions.

In a one-hour ruling delivered, the presiding judge, Ntong Ntong, struck out the case for lack of jurisdiction.

According to Ntong, since the 11th, 12th and 13th defendants: EFCC, ICPC and the Inspector General of Police are Federal Government agencies; it is the Federal High Court that has unfettered powers over the executive and administrative conduct and activities of such organisations.

The state government had dragged the federal agencies to court to stop them from carrying out investigations into its activities.

The High Court on July 13, 2016, had given an interim injunction restraining the EFCC, the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and the Inspector General of Police from investigating the finances of the Akwa Ibom State government.

The suit was filed on behalf of the state government by the state Attorney General, Uwemedimo Nwoko.

While giving the interim injunction, the court ruled that the federal agencies should not arrest, detain or investigate “any person or persons whether past or present official in the Akwa Ibom State government without any report of indictment by the Akwa Ibom State House of Assembly, pending the hearing and the determination of the Motion on Notice filed in this suit in order to forestall a breakdown of law and order.”

The judge barred the state accountant general, auditor general, and the state House of Assembly, including five banks – Zenith Bank, Keystone Bank, FCMB, Skye Bank and UBA – from disclosing information on the state finances to investigators from EFCC and other federal agencies.

Justifying the decision of the state government, the state attorney general had said the state government went to court because EFCC wrote letters to banks requesting documents on state government transactions.

Akwa Ibom is a federating unit in the Nigerian federation, and that EFCC being an agency of the Federal Government is not empowered by the Nigerian Constitution to investigate the finances of the state, Nwoko said.

“It is not about whether there is anything wrong with the accounts of the Akwa Ibom State government! Why should the EFCC look into it? Is the state looking into the Federal Government account,” Nwoko asked.

The attorney general said other state governments that allowed EFCC and other federal agencies to investigate them might not have had the wisdom and courage to challenge the Federal Government.

“As the attorney general of Akwa Ibom State, I am setting a precedent,” he said.

But in a ruling, the judge said the state High Court had no jurisdiction over the suit as brought by the state government, adding that the Federal High Court could hear it.