A Federal High Court sitting in Ibadan, Oyo State, restrained the Economic and Financial Crimes Commission (EFCC) from proceeding with what it described as its planned speculative investigation into the finances of the state government.
Delivering judgment, on Wednesday, in suit FHC/IB/CS/61/2025, filed by the Oyo State Government, Justice Nkeonye Maha acknowledged the statutory powers of the Commission to investigate financial infractions and crimes.
The trial judge however emphasised that such powers must be exercised strictly in line with the Nigerian Constitution and the Rule of Law.
Legal barriers to speculative investigation of Oyo finances
According to the judge, the proposed investigation into Oyo State’s finances, particularly the demands contained in its letter of 2 June, 2025, was speculative, amounting to a fishing expedition.
Justice Maha noted that the constitutional rights of the plaintiffs to fair hearing could and should not be trampled upon under the guise of investigation.
The Oyo State Government had instituted the suit after receiving the letter of the anti-graft agency to the Accountant General of the state on 2 June, 2025.
EFCC demanded for, among other things, copies of all contracts involving the state and details of all transactions and payments made to contractors from 2021 to the date of the letter.
The government subsequently wrote to the Commission, requesting that it should specify the contractors involved or companies under investigation so that appropriate documents could be provided.
However, following the failure of the anti-graft agency to respond as requested, the state government filed the suit.
The plaintiffs included the Governor of Oyo State, Attorney General of Oyo State and Accountant General of Oyo State.
They argued through their counsel, led by the Attorney General, Mr Abiodun Aikomo, that the request by the anti-graft agency, covering several years, was oppressive, unduly burdensome, and unreasonable, given the volume of contracts entered into during the period.
They further contended that the statutory powers of the anti-graft agency were subject to constitutional limits and cannot override constitutional provisions.
They maintained that investigations must be evidence-driven, submitting that the Commission cannot embark on roving inquiries without specific allegations.
In defence, EFCC counsel, I.G. Ojibor, leading S. Adamu, relied on Section 38 of the EFCC Act (2004), which empowered the Commission to demand and receive information from any person, authority, corporation, or company without hindrance.
Ojibor argued that the provision entitled the Commission to conduct a blanket investigation into the state’s finances.
However, Justice Maha ruled in favour of the state government, set aside the Commission’s letter dated 2 June, 2025, and declared that any request by the Commission must be reasonable and tied to specific allegations.
He stated that Section 38 of the EFCC Act empowered the Commission to demand information only for the investigation of offences under the Act, not for speculative or roving inquiries.
