Court rules EFCC can”t probe state finances

A Federal High Court in Ado Ekiti has ruled it is illegal for the Economic and Financial Crimes Commission to probe states’ finances without a report of indictment from states’ Houses of Assembly. Justice Taiwo O Taiwo ruled that the financial institutions are not entitled to submit to release to or any manner whatsoever to […]

A Federal High Court in Ado Ekiti has ruled it is illegal for the Economic and Financial Crimes Commission to probe states’ finances without a report of indictment from states’ Houses of Assembly.

Justice Taiwo O Taiwo ruled that the financial institutions are not entitled to submit to release to or any manner whatsoever to disclose to any person, body or agency, including the EFCC and IG, or any other investigating body, any document, financial records

Taiwo was delivering judgment in a suit filed by Ekiti State Government against the EFCC, the Inspector General of Police, the Speaker, Ekiti State House of Assembly, the Clerk and 13 others.

Ekiti Attorney General filed the suit following a letter of invitation the commission sent to some government officials seeking details over some financial transactions of the state.

The EFCC also sent letters to the banks seeking financial books of the state in their custody.

Faulting the EFCC, the court held that the anti-graft agency cannot usurp the oversight functions vested in state assembly under Sections 128 and 129 of the 1999 Constitution to initiate a probe or criminal proceedings against a state official.

The court ruled that only the state legislature is vested with oversight and investigation role over state finances, appropriation and implementation after receiving a formal report from the Auditor General or the Accountant General as the case may arise.