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Finance Investigation: Anambra State High Court Dismisses State Govt’s Suit Challenging Powers Of EFCC

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A Federal High Court sitting in Awka, Anambra State, has dismissed a suit filed by the Anambra State Government challenging the Economic and Financial Crimes Commission’s power to investigate its finances, describing it as factually and forensically lacking in merit.

In a statement by the EFCC on Wednesday, the court held that the Commission is well in the rights of its powers under the law to carry out such investigations.

The State government had approached the court presided over by Justice Nnamdi Dimgba to determine whether under the Federal System of Government, with the constitutional doctrine of Separation of Powers, “the appropriation, disbursement and or administration of funds belonging to a State Government is subject to investigation by the EFCC being an agency of the Federal Government”.

In a suit number FHC/ AWK/ CS/ 22/ 2022 filed by Government of Anambra State (1st Plaintiff) and Attorney- General of Anambra State( 2nd Plaintiff) against the EFCC( 1st Defendant) and Attorney – General of the Federation( 2nd Defendant), the Plaintiffs sought resolutions of the following eight questions:

1. Whether under the Federal System of Government established by Section 2 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), and the doctrine of Separation of Powers established and provided by Sections 4, 5 and 6 thereof, the appropriation, disbursement and or administration of funds belonging to the Government of a State is subject to investigation by the 1st Defendant as an agency of the Federal Government.

2. Whether the power of the 1st Defendant, as an agency of the Federal Government, is not restricted to the matters set out in the Exclusive Legislative List contained in Part I of the Second Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).

3. Whether the appropriation, disbursement and or administration of funds belonging to the Government of a State are not matters within the Concurrent Legislative List contained in Part II of the Second Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).

4. Whether from a community reading of Sections 80, 120, 121, 125, 126, 128 and 129 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) the power and function to conduct investigation into the appropriation, disbursement and or administration of the public funds/accounts of the Government of a State is not reserved for the House of Assembly of the State.

5. Whether from a community reading of Sections 80, 120, 121, 125, 126, 128 and 129 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the 1st Defendant can usurp the constitutional powers and functions of the House of Assembly of a State to conduct investigation into the appropriation, disbursement and or administration/management of the funds of a State Government, including the public funds/accounts of the Government of the State which have been appropriated by the State House of Assembly in exercise of its constitutional mandate.

6. Whether from a community reading of Sections 80, 120, 121, 125, 126, 128 and 129 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the 2nd Defendant can usurp the constitutional power and function of the House of Assembly of a State to conduct investigation into the appropriation, disbursement and or administration/management of the public funds/accounts of the Government of the State.

7. Whether from a community reading of Sections 80, 120, 121, 125, 126, 128 and 129 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the 1st Defendant can purport to investigate the appropriation, disbursement and or administration of the public funds/accounts of the Government of a State without any report or input from the House of Assembly of the State.

8. Whether the 1st Defendant acting by itself, its officers, agents, privies or otherwise howsoever can legitimately conduct and or continue with investigation into the public funds of the Anambra State which have been lawfully appropriated by the Anambra State House of Assembly without any report and investigation by the Anambra State House of Assembly.

The suit was a precipitate response to series of letters of invitation by the Commission sent to the Secretary to the State Government (SSG) and the State Attorney- General seeking the release of officials of the state government to offer explanations in an alleged case of fraudulent misappropriation of funds in respect of data collection exercise for the administration of subsidy to smallholder farmers and alleged case of Abuse of Office and Misappropriation of Funds.

In his judgment, Justice Dimgba stated that the EFCC has constitutional powers to investigate any act of economic and financial crime in any part of the country, stressing that neither the authorities of a State’s House of Assembly nor Auditor- General of a State preclude the Commission from performing its mandate as contained in the Constitution.

“In my view, the questions posed is at large… Is the EFCC a federal agency exclusively for all purposes, or is it both a federal agency and a state agency for some other purposes? It all depends on the context to which the question has been posed.

“In the context of the case at hand, which is whether it is legitimate for the EFCC to commence investigative activities against the named officials of Anambra State Government as contained in Exhibit 1 concerning the manner of the management and utilization of the public funds of Anambra State, the question posed must be answered against the Plaintiffs and the corresponding reliefs sought denied”.

” …… binding judicial precedent existing is to the effect that the EFCC is an agency both for the federal government and for state governments as far as the combating of corruption and other economic crimes in Nigeria is concerned”
While agreeing with an earlier judgment that Nigeria practices co-operative federalism, Justice Dimgba said “In the co-operative federalism practiced in Nigeria, the EFCC is a common agency empowered to investigate and prosecute offenders for both the Federal and state economic and financial crimes, and as such it qualifies as ‘any other authority or person’ empowered by Section 211(1)(b) of the Constitution to institute or initiate criminal proceedings”.

The Judge further added that “EFCC is the coordinating agency for the enforcement of the provisions of any other law or regulation on economic and financial crimes, including the Criminal Code and Penal Code. The Commission has powers under Section 13(2) of the EFCC Act to prosecute offences so long as they are financial crimes.”

Continuing, he said, “I have reflected on the Judgments of this Court issued by the Port Harcourt division of this Court in AG Rivers State v EFCC & 3 Ors in Suit No: FHC/PH/CS/78/07, delivered on 20/03/2007, and that by the Ekiti Division of this Court in Suit No: FHC/AD/CS/32/2016; A.G of Ekiti State v. EFCC & 17 Ors both of which have been brought to my attention. Both judgments hold that following the principles of federalism and separation of powers, only a State House of Assembly can investigate the financial administration of a State and that the 1st Defendant, the EFCC, lacks the powers to investigate a state finances”.

“With the greatest deference to my brothers who hold such views, I take a different view, and for the reasons already explained above, I am of the view that it is not a proposition that is borne out from a proper construction of Sections 125 to 129 of the Constitution juxtaposed with the powers of the 1st Defendant under the EFCC Act”.

“Quite apart from the fact that my learned brothers might have arrived at their conclusions in the light of the factual circumstances that they had to confront with and which are different from the facts and circumstances of the present case, there are dangers in holding the general view that for all circumstances only a State House of Assembly, to the exclusion of any other body, including the 1st Defendant (EFCC), can investigate and detect corrupt practices in the financial affairs of a State.

“This Court notes the collaborative and harmonious relationship that exists in most states of the federation between the executive organ who manage the state finances and the legislative organ who are mandated to check them with a view to exposing corruption. This collaborative and harmonious relationship is not always a positive thing but can also be very negative, especially in circumstances where the leadership of the executive organ is very overbearing, or the leadership of both houses are manned or dominated by political allies.

“In that sort of situation, no real independence of the legislature exists and the idea that the state legislature really possesses and can exercise the ability to detect financial crimes in the management of the state resources by the executive government is really more theoretical and academic rather than real.

“For all you know, the legislature may well be deeply involved with the executive in the very ills which they are supposed to be detecting and exposing. It is exactly that state of affairs, a matter of our present reality that makes the existence and intervention of an external force outside of the framework of a state’s governance system, not only inevitable, but also very desirable and necessary.

While dismissing the action, the judge further said, “ I have also noted, and thus hold, that all the addressees of the EFCC letters (Exhibit 1) as fully described above, including all those which the EFCC by the letters referenced, demand that they should be released for interview for the purposes of obtaining the clarification needed for the Commission to establish if the offences which the Commission said it was investigating such as fraudulent misappropriation of funds and the like have been committed, all qualify as “persons” or , “authority” from whom by law, the Commission is entitled to receive information from.

“They are indeed, all subjects of the EFCC’s exercise of its powers under the law”.

Crime

BREAKING: 20 suspects arrested over hacking of 2025 UTME results

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The Department of State Services, DSS, and the Nigerian Police Force, have arrested at least 20 suspects over hacking of the 2025 computer-based test, CBT, Unified Tertiary Matriculation Examination, UTME.

The 2025 UTME was conducted by the Joint Admissions and Matriculation Board, JAMB.

According to reports, the suspects are part of a syndicate believed to have over 100 persons who specialise in hacking of the computer servers of examination bodies like JAMB and the National Examinations Council, NECO.

The report also confirmed that the suspects have confessed to sabotaging the CBT system in order to discredit JAMB and discourage students from using CBT for future examinations to be conducted by NECO and the West African Examination Council, WAEC.

“The syndicate would install an attacking software on the examination body hardware. The software, in turn, would remotely hack JAMB servers at any targeted CBT centre,” the source quoted one of the suspect as confessing.

The entire hacking process was to influence high scores for special candidates who paid between N700,000 and N2 million.

The report further added that preliminary investigations revealed that several members of the syndicate own private schools and colleges, and make huge sums of money from their special centres.

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Crime

JUST IN: IGP condemns unprovoked attack on IRT operatives in Edo State

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….Orders Investigation into Oyo Tragic Traffic Incident‎‎

The Inspector General of Police, IGP, Kayode Egbetokun has condemned the recent unprovoked attacks on police operatives in the early hours of Monday, 20th May 2025, at Okhuimwun Community in Ovia North-East Local Government Area of Edo State.‎‎

In a press statement made available to Ohibaba.com, and signed by ACP Olumuyiwa Adejobi, ‎Force public relations officer, ‎at the Force Headquarters in Abuja, ‎on the 21st May, 2025, the IGP also condemned the alleged killing of an SSCE student by police personnel in Ibadan.

The statement reads: “The Nigeria Police Force strongly condemns the unprovoked attack on police operatives in the early hours of Monday, 20th May 2025, at Okhuimwun Community in Ovia North-East Local Government Area of Edo State.

‎‎The operatives, who are members of the Force Intelligence Department – Intelligence Response Team (FID-IRT), were in transit from Lagos through Edo State when they encountered a mob that had blocked the road immediately after the University of Benin (UNIBEN) axis.

The mob, in an unlawful display of aggression, descended on the officers with stones, sticks, and other dangerous objects, inflicting serious injuries on two police personnel.

‎‎It is noteworthy that despite the provocation and threat to life, the officers exercised commendable restraint by not resorting to the use of force.

The injured officers are currently receiving medical attention and are in stable condition.

‎‎The Nigeria Police Force warns against acts of lawlessness and unprovoked aggression against its personnel who are committed to maintaining law and order and hereby assure the public that investigations have commenced, and appropriate legal actions will be taken against those found culpable.

‎‎In a separate development, the Inspector-General of Police has ordered a comprehensive investigation into a tragic incident in Oyo State involving personnel of the Oyo State Police Command and the Oyo State Traffic Management Authority (OYTMA), which led to the unfortunate demise of a 14-year-old boy, Kehinde Alade.‎‎

The Inspector-General of Police condemned the incident and assured that the officer involved in the shooting has been taken into custody while a full-scale investigation is underway.

He equally reiterated that the process will be transparent, and its findings will be made public to ensure justice is duly served as he expressed heartfelt condolences to the family of the deceased young man.

‎‎The Nigeria Police Force reiterates its commitment to the protection of lives and property and urges citizens to remain law-abiding and to channel grievances through lawful and peaceful means.‎‎‎

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JUST IN: ICPC uncovers account used for six-week degree scam

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The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has uncovered a bank account operated by a foreign national allegedly used to collect payments from Nigerians seeking to obtain a questionable six-week bachelor’s degree abroad.

The discovery was announced by ICPC Chairman, Dr. Musa Adamu Aliyu, during a stakeholders’ advocacy event on asset tracing, recovery and management held Tuesday in Abuja.

The event was organised by the Centre for Fiscal Transparency and Public Integrity (CeFTPI), with support from the Inter-Governmental Action Group against Money Laundering in West Africa (GIABA).

“Within some weeks, we were able to discover that a foreigner opened an account in Nigeria while Nigerian students were paying money into the account to obtain that six-week degree,” Aliyu revealed.

“We were able to track the account and obtain a civil forfeiture order. We have been trying to ensure that the culprits are brought to book, especially those that are beyond our shores.”

He called for greater synergy among anti-corruption agencies to ensure that perpetrators of financial crimes are not allowed to enjoy the proceeds of their actions.

Also at the event, Chairman of the Code of Conduct Bureau (CCB), Dr. Abdullahi Bello, disclosed that an ongoing audit of over 10,000 public servants’ asset declarations has revealed that about 20 percent of them are false.

On a broader continental scale, the Director-General of GIABA, Edwin Harris, lamented the growing trend of illicit financial flows out of Africa.

Citing a report by former South African President Thabo Mbeki under the auspices of the UN Economic Commission for Africa, Harris noted that while $50 billion was previously estimated to be lost annually, the current figure now stands between $88 billion and $94 billion.

CeFTPI Executive Director, Umar Yakubu, said the event brought together key stakeholders from anti-graft institutions, civil society, the judiciary and international partners to develop innovative mechanisms for transparency, citizen engagement and accountability in asset recovery efforts.

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