The Federal High Court sitting in Gusau, Zamfara State has restrained the Economic and Financial Crimes Commission from inviting, arresting or detaining the past and present officials of the government of the state, including the immediate past governor, Bello Matawalle.
The court also restrained the EFCC from “interfering with their personal liberty or investigating or interrogating them over the disbursement or utilization of funds appropriated by the House of Assembly of Zamfara State; on the basis of the same facts or similar facts as stated in the suit; except through the House of Assembly of Zamfara State, and in strict compliance with the provisions of the Constitution of the Federal Republic of Nigeria, 1999, as amended”.
The EFCC, through their counsel, Mr. Rotimi Jacobs, SAN, opposed the Originating Summons and contended that by the EFCC Act, LFN, 2004, the EFCC has the power to investigate State officials as regards the disbursement and utilization of state funds and that the powers granted to the Auditor-General of the State by the Constitution with respect to State funds is only to audit the funds and/or expenses of the State.
The counsel for the Attorney General of the Federation made similar submissions to the effect that by sections 6 and 7 of the EFCC Act, LFN, 2004, the EFCC has the powers to investigate all economic crimes irrespective of whether the act was committed with respect to State or Federal funds.
The court held that the anti-graft agency lacks the constitutional powers to take over the oversight functions and powers vested in the State House of Assembly and the Auditor-General of the State so as to demand submission of financial reports and records from the State institutions.
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