As Court Strengthens EFCC, ICPC’s Powers
The judgment of Justice Folasade Ol- virtue of the provisions of Section 120, ubanjo of the Federal High Court in Asaba 121, 122, 123 & 125 of the Constitution dismissing the suit filed by the Delta State of the Federal Republic of Nigeria Government to stop the Independent Cor- (as amended), no authority or person rupt Practices and Other Related Offences other than the state government, the Commission (ICPC) and the Economic and state house of assembly, and the auditorgeneral Financial Crimes Commission (EFCC) from of the state has the constitutional probing the state’s spending is a good mandate to exercise power or control decision to many Nigerians who want over the funds standing to the credit of accountability at the state level. Delta State in the Consolidated Revenue
The court gave the judgment in the suit Fund or any other state public funds. filed by the Attorney General of Delta But Justice Olubanjo disagreed, State challenging the powers of the two upholding the powers of the anti-graft anti-corruption agencies to investigate agencies to investigate and prosecute the state government’s finances and invite state officials who allegedly engage in the state officials for interviews in the corrupt acts. She held that the sister course of investigations. organisations whose core mandates
The state government had asked the are basically the same do not in any way court to among other things declare that by violate the principle of federalism and separation of powers embodied in the Constitution.
The judge held that Nigeria practices cooperative federalism; and as such the fight against corruption is a function of both the states and the federal government. She further noted that the issues before the court had been settled in a plethora of appellate decisions, among which is the Supreme Court judgment in AG Ondo State vs AG Federation & 36 others.
Many state governors being the emperors that they are, after being accused of corruption, had used their state High Courts to prevent the anti-graft agencies from probing them, thereby crippling their powers.
Even the state Houses of Assembly and the auditors-general which they claimed have the constitutional powers to probe the states are the rubber stamps of these governors. This is why the decision of the Federal High Court is important.