From Premium Times Nigeria · Ekemini Simon · · 3m
Court dismisses Akwa Ibom government’s suit challenging EFCC powers
Akwa Ibom state government’s legal challenge to EFCC’s investigation powers dismissed by federal court.
In brief
Akwa Ibom state government’s legal challenge to EFCC’s investigation powers dismissed by federal court. Federal High Court in Uyo dismissed Akwa Ibom State Government’s suit challenging EFCC’s authority to investigate state finances, upholding a preliminary objection due to a pending state court case. Originally…
Court dismisses Akwa Ibom government’s suit
The Federal High Court in Uyo dismissed a suit filed by the Akwa Ibom State Government challenging the Economic and Financial Crimes Commission’s (EFCC) powers to investigate state financial activities.
EFCC discloses court dismissal
The EFCC disclosed in a statement on its official Facebook page that Justice M.A. Onyetenu dismissed the suit on 8 October after upholding a preliminary objection filed by the commission’s legal team.
Suit filed in 2017
The state’s then Attorney-General and Commissioner for Justice, Uwemedimo Nwoko, instituted the suit in 2017 after an EFCC investigation into allegations that state resources had been diverted from their intended purposes.
Dispute began in 2016
The dispute dates back to 2016 when Akwa Ibom residents petitioned the EFCC over alleged diversion of state resources meant for public welfare and development.
EFCC opens investigation
The EFCC opened an investigation and invited state government officials to be questioned, but officials approached the Akwa Ibom State High Court in Ikot Ekpene instead.
Interim restraining order
On 6 July 2016, the late Justice F.O. Riman granted an interim restraining order against the EFCC and other federal agencies pending the case’s determination.
Appeal against order
An appeal against the restraining order was unsuccessful, with the Court of Appeal directing the parties to return to the trial court and await the determination of the substantive suit.
EFCC challenges committal suit
The EFCC later challenged the committal suit’s competence, arguing that the earlier case before the Akwa Ibom State High Court had not been resolved before the second action.
Court upholds objection
Justice Onyetenu upheld the objection and dismissed the suit in its entirety, according to the EFCC’s counsel, Joshua Abolarin.
What the ruling means
The dismissal ends federal court proceedings in the suit but does not prove public funds were diverted or that any state official committed an offence.
Ruling does not resolve state case
The ruling does not determine whether the separate case at the Akwa Ibom State High Court has since been resolved.
EFCC’s procedural victory
The ruling is a procedural victory for the EFCC in its protracted legal dispute with the Akwa Ibom government, removing the federal suit as a vehicle for state government’s challenge.
What happens next
The EFCC remains free to investigate state finances while the Akwa Ibom State Government may pursue further legal steps.
The main idea
Federal High Court in Uyo dismissed Akwa Ibom State Government’s suit challenging EFCC’s authority to investigate state finances, upholding a preliminary objection due to a pending state court case.
