Court dismisses suit seeking to stop EFCC’s probe of businessman

Justice Emeka Nwite of the Federal High Court, Abuja, has dismissed a suit seeking to compel the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), to stop the Economic and Financial Crimes Commission (EFCC) from investigating allegations of fraud and economic crimes involving businessman, Abu Samaila Isa Funtua.

The trial judge dismissed the case on the grounds that the businessman’s request lacked merit and substance.

Delivering judgment in the fundamental rights enforcement suit against the AGF and EFCC, Justice Nwite held that while the AGF has significant authority to take over proceedings in criminal matters, those powers are not unlimited.
Justice Nwite stated that under Section 43 of the EFCC Act 2004, the anti-graft agency is not obligated to seek approval from any ministry or agency before initiating an investigation into alleged economic crimes.

The businessman had filed suit FHC/ABJ/CS/2024 against the AGF and EFCC, alleging unlawful investigation into certain business transactions involving him and others.

He claimed that the EFCC was biased and acting maliciously in the manner it was investigating him.
Specifically, Funtua alleged that the EFCC was acting on behalf of his business adversaries to target him unfairly without informing him of the nature of his offence or presenting any petition against him.

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As a result, Funtua sought an order of mandamus compelling the AGF to direct the EFCC to drop the investigation and assign another federal security agency to handle the matter.

However, in his judgment, Justice Nwite ruled that Section 174(3) of the 1999 Constitution, on which the case was based, does not grant the AGF the power to assign investigations of economic crimes to other agencies.

The judge further stated that in carrying out its statutory duties, the EFCC is not bound to obey directives from any government ministry or department.

Justice Nwite emphasised that Section 43 of the EFCC Act 2004 clearly empowers the anti-graft agency to investigate alleged economic crimes and prosecute those found culpable.

He subsequently dismissed the suit for lack of merit and substance.