Federal High Court dismisses businessman’s suit to stop EFCC investigation, ruling that the anti-graft agency has the right to investigate
[dropcap]A[/dropcap] Federal High Court in Abuja, presided over by Justice Emeka Nwite, has dismissed a suit filed by businessman Abu Samaila Isa Funtua, seeking to stop the Economic and Financial Crimes Commission (EFCC) from investigating allegations of fraud and economic crimes against him.
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The court ruling, delivered on Monday, February 24, 2025, concluded that the businessman’s application lacked merit.
The suit had sought to compel the Attorney General of the Federation (AGF), Mr. Lateef Fagbemi, SAN, to intervene and halt the investigation being carried out by the anti-graft agency.
In his fundamental rights enforcement suit, Funtua had complained of unlawful investigations into his business dealings with other parties.
He alleged that the EFCC’s actions were biased and motivated by business rivals, accusing the agency of failing to disclose the specific nature of the offence or any formal complaints against him.
Funtua further sought an order of mandamus from the court, urging the AGF to direct the EFCC to discontinue its investigation and instead order another security agency to take over the probe.
Justice Nwite, in delivering his judgment, affirmed the AGF’s extensive powers to oversee criminal proceedings. However, the judge stressed that these powers were not limitless.
He clarified that under Section 43 of the EFCC Act 2004, the EFCC is not obligated to heed any directive from the AGF or other government ministries when conducting investigations into alleged economic crimes.
The ruling emphasized that the EFCC holds independent authority to initiate investigations and prosecute individuals accused of economic offences, without requiring instructions from any other government body.
Justice Nwite further referenced Section 174 (3) of the 1999 Nigerian Constitution, explaining that it does not empower the AGF to designate agencies for economic crime investigations, as claimed in Funtua’s suit.
In light of these legal principles, Justice Nwite dismissed the suit for lack of merit, reinforcing the EFCC’s statutory responsibility to conduct investigations independently.
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The decision serves as a crucial reminder of the EFCC’s authority to combat corruption and economic crimes without interference from external parties.
