A Federal High Court, sitting in Gusau, the Zamfara State capital, has ruled that the Economic and Financial Crimes Commission (EFCC) lacks the power to invite serving and past officials of the state government for the purpose of explaining how public funds are utilised.
The power to audit the public accounts of the state, it also declared, is not vested in the anti-graft agency or any authority, person, body or organisation other than in the state’s Auditor General.
Delivering judgment Wednesday on a suit instituted by the Government of Zamfara State and Attorney General of Zamfara State against the EFCC and the Attorney of the Federation, Justice Aminu Bappa Aliyu also set aside the agency’s letter of invitation to the past and serving officials of the state government, dated 28th September 2021; or any other date, noting that such letter, “being ultra vires the powers of the 1st Defendant”, was null and void and of no effect whatsoever”.
Justice Aliyu granted all the prayers of the plaintiffs, stressing that only the state House of Assembly and the Auditor General of the state are vested with the constitutional authority of seeking an explanation or inviting public officials on how the state’s money is being spent. and not the EFCC or the Attorney General of the Federation.
The state government had also prayed the court to bar EFCC from inviting; arresting or detaining any government officials as regards the appropriation of public funds in the state as such contradicts the power of the anti-graft body.
The presiding judge granted all the plaintiffs’ prayers, ruling, “A declaration is made that, having regard to the provisions of Section 120, 121, 122. 123, 124, 128, and 129 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, the 1st Defendant (EFCC) does not have the powers to invite (by letters, telephone calls, or any other means of communication) serving and past officials of the Plaintiff for the purpose of explaining how funds meant for security votes, estacodes, and travelling allowances were utilized, or are being utilized, when such funds are such that the Auditor General and the Zamfara State House of Assembly have the constitutional authority to conduct investigation and exercise powers and control over same.
“A declaration is made that upon a calm and proper interpretation of the provisions of Section 125 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, the power to receive a financial statement and annual accounts of Zamfara State from the Accountant General of Zamfara State is not vested in the 1st Defendant or any other authority, person, body or organisation other than in the Auditor General for Zamfara State.
“A Declaration is made that upon a proper interpretation of the provisions of Section 125 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, the power to audit the public accounts of Zamfara State is not vested in the 1st Defendant or any other authority, person, body or organization other than in the Auditor General of Zamfara State.
“A Declaration is made that upon a calm and proper interpretation of the provisions of Section 125 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, the Auditor General or any person authorized by him, cannot be subjected to any direction or control of the 1st and 2nd Defendants (EFCC and AGF) or any authority, person, body or organization.
“An Order of Injunction is made retraining the 1st Defendant by itself, agent, servant, detectives, employees, staff, operatives and privies from inviting, or further inviting. arresting and or detaining past or present officials of the 1st Plaintiff (Zamfara State Government) with respect to how funds meant for security votes, estacodes, and travelling allowances were expended by the 1st Plaintiff except through the House of Assembly of Zamfara State and in strict compliance with provisions of the Constitution of the Federal of Republic of Nigeria, 1999, as amended.
“An Order of Injunction is made restraining the 1st Defendant whether by itself, its agents, employees, servants, operatives, detectives, privies, investigating officer(s), and other person by whatever name called, from inviting, or further inviting, intimidating, harassing and threatening to arrest or detain, or from arresting or detaining any past or present official of the 1st Plaintiff on the basis of the same facts or similar facts as herein stated.
“An Order is made setting aside the 1st Defendant’s letter of invitation to the past and serving officials of the Plaintiff, dated 28th September 2021, or any other date, same being ultra vires the powers of the 1st Defendant, and therefore, null and void and of no effect whatsoever”.
