EFCC Lacks Constitutional Powers to Probe Zamfara State’s Accounts, Says Court

A Federal High Court sitting in Gusau, Zamfara State’s capital, has declared that the Economic and Financial Crimes Commission (EFCC) lacked the constitutional powers to invite by letters, telephone calls or any other means of communication serving and past officials of the state for the purpose of explaining how the state’s funds are utilised.

Justice Aminu Bappa Aliyu made the order on Wednesday while delivering judgement on a suit instituted by the Government of Zamfara State and Attorney General of Zamfara State against the EFCC and the Attorney General of the Federation.

The Court held that the power to audit the public accounts of Zamfara State is not vested in the 1st defendant (EFCC) or any other authority, person, body or organisation other than in the Auditor General of Zamfara State.

The court also set aside EFCC’s letter of invitation to the past and serving officials of Zamfara State Government, dated 28th September, 2021, or any other date, noting that such letter, “being ultra vires the powers of the 1st defendant”, was null and void and of no effect whatsoever.

These and other orders were made after the court had listened to submissions of the plaintiffs’ counsel, Abdulfathu Shehu; and counsels to the defendants, Adebisi Adeniyi and P. A. Attah, in the Writ of Summons suit, dated and filed on November 16, 2021 and marked: FHC/GS/CS/30/2021.

Having gone through the processes filed by the parties, Justice Aliyu granted all the prayers of the plaintiffs, stressing that only the Zamfara State House of Assembly and the Auditor General of the state are vested with the constitutional authority of seeking explanation or inviting public officials on how the state’s money is being spent and not the EFCC or the AGF.

The Zamfara State Government had also prayed the court to bar EFCC from inviting, arresting or detaining any government officials as regards the appropriation of public funds in the state as such contradicts the power of the antigraft body.

The presiding judge granted all the plaintiff’s prayers, saying, “A declaration is made that, having regard to the provisions of Section 120, 121, 122. 123, 124, 128 and 129 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, the 1st Defendant (EFCC) does not have the powers to invite (by letters, telephone calls or any other means of communication) serving and past officials of the Plaintiff for the purpose of explaining how funds meant for security votes, estacodes and travelling allowances were utilised, or are being utilised, when such funds are such that the Auditor General and the Zamfara State House of Assembly have the constitutional authority to conduct investigation and exercise powers and control over same.