Justice Emeka Nwite of the Federal High Court in Abuja has dismissed a suit seeking to compel the Attorney General of the Federation and Minister of Justice, AGF, to stop the Economic and Financial Crimes Commission, EFCC, from investigating allegations of fraud and economic crimes allegedly committed by businessman Abubakar Ismail Isa.......CONTINUE READING THE ARTICLE FROM THE SOURCE>>>>>
The judge threw out the case on Monday on the grounds that the request of the detained businessman lacked merit and substance.
Delivering judgment in a fundamental rights enforcement suit against the AGF and EFCC, Justice Nwite held that the AGF has enormous power to take over proceedings in criminal matters but emphasized that such powers are not unlimited.
Justice Nwite stated that under Section 43 of the EFCC Act 2004, the anti-graft agency is not under any obligation to seek advice from any ministry or agency before exercising its statutory powers to initiate investigations into alleged economic crimes.
The businessman, in his suit marked FHC/ABJ/CS/2024, sued the AGF and EFCC, complaining of an unlawful investigation into certain business transactions involving him and others.
He alleged that the EFCC was biased and mischievous in the manner in which he was being investigated.
Specifically, he claimed that the EFCC was acting on the instructions of his business adversaries to instigate an investigation against him without informing him of the nature of his offense or showing him any petition against him.
The businessman subsequently asked Justice Nwite to issue an order of mandamus compelling the AGF to direct the EFCC to drop the investigation and instruct another security agency of the federal government to take over the case.
However, in his judgment, Justice Nwite held that Section 174(3) of the 1999 Constitution, upon which the case was predicated, does not confer any power on the AGF to nominate an agency to conduct investigations into economic crimes or financial breaches.
The judge further stated that, in exercising its statutory duties, the EFCC is not under any obligation to obey directives from any ministry or government department.
Justice Nwite emphasized that Section 43 of the EFCC Act 2004 is unambiguous in stating that the anti-graft agency has the power to initiate investigations into alleged economic crimes and prosecute those indicted in the process.
He subsequently dismissed the suit for lack of merit and substance.
