Anti-graft Agency Can Investigate State Finances, Court Rules

  Ugochukwu Ezeagwula  

A major constitutional question was resolved yesterday when Justice Mohammed Idris of the Federal High Court in Lagos re-affirmed the power of the Economic and Financial Crimes Commission (EFCC) to investigate the finances of states with the intent to prosecute corrupt officials.

Delivering judgment in the suit filed by the Attorney-General of Delta State against EFCC, Justice Idris held that the anti-graft agency has the right to investigate any state account with the purpose of prosecuting those found to be corrupt.

Delta State took the EFCC to court over alleged interference in the state’s account, in relation to a case being pursued by the agency. But dismissing the suit, Justice Idris held that whereas the State House of Assembly has the power to investigate in order to make legislation, EFCC has the power to investigate state funds for prosecution purposes.

According to the judge, the constitution guarantees the rights of each federating unit to act independently.The same constitution, he argued, affirms the power of the State Houses of Assembly to investigate the executive with the objective of helping legislations. It, however, does not confer on the Assembly the right to prosecute, he explained.
On whether Delta State statement of account marked exhibit (A), qualifies to be a public document, which should be expunged from the records of the court for not being properly secured, Justice Idris held that the document should not be expunged because it qualifies as a public statement since it contained acts of public officers in line with Section 109 A of the Evidence Act.

The judge also awarded the cost of N10, 000 against the plaintiff. In the suit, Delta State is challenging EFCC’s powers through its letter dated July 11, 2005 to the Oceanic Bank Plc in which it requested for details of the state's account with the bank.

The state government in the suit which also had Oceanic Bank as the second defendant, wanted the court to declare that the said letter contravenes the principle of customer-client relationship.

The state also averred that the job of investigating the finances of the state is a preserve of the Delta State House of Assembly and not that of the EFCC, which came into existence through an act of the National Assembly.

The state argued that the constitution recognises the independence of the three tiers of the government, which cannot be compromised.Delta State had urged the court to determine whether the bank statement of account qualified as a public document.