…Benue govt vows to appeal judgement

By Ikechukwu Nnochiri

ABUJA— The Federal High Court sitting in Abuja, yesterday, dismissed a suit filed by Benue State government to challenge the powers of Economic and Financial Crimes Commission, EFCC, to investigate its finances.

EFCC operatives

The court, in a judgement delivered by Justice Nnamdi Dimgba, held that EFCC had the legal competence to investigate any allegation or reasonable suspicion of financial impropriety involving officials of any state government.

Justice Dimgba held that powers the law conferred on EFCC under sections 6, 7 and 38 of the EFCC Act were very broad and not confined or limited to geographical or territorial boundaries.

He said the anti-graft agency was not foreclosed by section 125 of the 1999 Constitution, as amended, from demanding the release of specific officials of the Benue State government to assist its investigations.

The court held that the suit was predicated on the “fallacy and misconception” that only a resolution by the Benue State Assembly could empower the EFCC to look into financial activities of the state.

It further dismissed contention of the plaintiff that only the Auditor-General of Benue State had the sole responsibility of scrutinizing financial books of the state.

The court maintained that contrary to the position of the plaintiff, Benue State government was not the subject of the investigation, but named officials  fingered in a petition that alleged the commission of financial crimes.

It said: “Indeed, the definition of economic and financial crimes under Section 46 of the EFCC Act is so broad that it arises even in the context of the management of the financial resources of a state.

“I am, therefore, in total disagreement with the proposition that the 1st defendant is foreclosed from investigating an allegation of corruption when it has to do with the finances of a state government.

“It is important to note that none of the officials, which the 1st defendant by Exhibits EFCC3 to EFCC6 have asked to be released to assist their investigation is a governor or deputy governor who enjoys immunity under Section 308 of the Constitution.

“Therefore, from a totality of all these evidence as well as the depositions in the affidavit evidence before me, the suggestion that the 1st defendant is investigating the Government of Benue State absolutely holds no water.

“It is clear that the investigation activities are directed at state officials and not to the state itself which, in any event, cannot possibly be engaged in the commission of economic and financial crimes since the state government cannot possibly possess the mental element needed to commit such crimes nor can possibly be subject to the criminal prosecution that is the end-point of any investigative activities.

“As far as I can see, there is nothing in Sections 125, 128 and 129 of the CFRN 1999 which forecloses or precludes the investigative powers of the 1st defendant in the matters over which the 1st defendant has competence.

Meanwhile, Benue State, through its lawyer, Mr. Emeka Etiaba, SAN, said it would appeal the judgement.