By Miriam Humbe
An Abuja Federal High Court presided over by Justice Emeka Nwite, has dismissed a suit seeking to compel the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, to stop the Economic and Financial Crimes Commission from investigating allegations of fraud and economic crimes against a businessman, Abubakar Isa.
The EFCC disclosed this on Monday in a statement posted on its verified X handle.
The statement said that the judge dismissed the businessman’s request for lack of merit and substance.
Part of the EFCC’s statement read: “Delivering judgment in a fundamental rights enforcement suit against AGF and EFCC, Justice Nwite held that AGF has enormous power to take over proceedings in criminal matters but held that such enormous powers are not at large.
“Justice Nwite said that under Section 43 of the EFCC Act 2004, the anti-graft agency was not under any obligation to take advice from any ministry or agency to drop its statutory powers to initiate an investigation into any alleged economic crimes.
“The businessman had in his suit marked FHC/ABJ/CS/2024 sued the AGF and EFCC complaining of unlawful investigation into some business transactions involving him and others. He alleged that EFCC was biased and mischievous in the ways and manners he was being investigated.
“Specifically, he alleged that EFCC was acting the script of his business adversaries to cause investigation against him without telling him the nature of his offence or show any petition against him.
“Isa subsequently asked Justice Nwite to issue an order of mandamus against the AGF to order EFCC to drop the investigation and direct any other security agency of the federal government to take over the investigation.
“However, in his judgment, Justice Nwite held that Section 174 (3) of the 1999 Constitution upon which the case was predicated did not confer any power on the AGF to nominate any agency to conduct an investigation into economic crimes or financial breaches.”
The statement said that Justice Nwite held that the EFCC was under no obligation to obey directives from any Ministry of government department.
The Anti-Graft Agency wrote: “The judge held that in the exercise of its statutory duties, the EFCC was not under any obligation to obey directives from any ministry of government department.
“Justice Nwite said that Section 43 of the EFCC Act 2004, has no ambiguity to the fact that the anti-graft agency shall have powers to initiate investigation into alleged economic crimes and initiate prosecution of those indicted in the process.
“He subsequently dismissed the suit for want of merit and substance.”
