Court slates Oct 8 to decides suit against EFCC over Benue accounts

THE Federal High Court in Abuja has fixed October 8, 2018, to deliver judgment in the suit filed by the Benue State Government challenging the powers of the Economic and Financial Crimes Commission (EFCC) to investigate its accounts.

Justice Nnamdi Dimgba fixed the date after counsel representing the various parties ‎in the suit adopted their briefs of arguments.

Before the hearing of the matter yesterday, the court had ordered the EFC to stop further investigations into the finances of Benue State Government pending the determination of the suit filed by the state.

Justice Dimgba who issued the preservative order warned that parties should not take further steps that would destroy the subject matter of the court.

In an originating summons marked FHC/MKD/CS/42/18 filed by the Attorney General of Benue State, the state is challenging the powers of the EFCC to investigate or inquire into the accounts and /or appropriations, disbursements and administration of the funds of Benue State Government having regard to the clear provisions of sections 1(1) and (3), 125(2),(4) and (6), 128 and 129 of the 1999 constitution.

‎While adopting his brief of arguments on behalf of the Benue State Government, Emeka Etiaba (SAN) urged the court to hold that the EFCC lacks the statutory powers to investigate the account of a state government.

He argued that by virtue of the provisions of sections 1(1) and (3), 125(2),(4) and (6), 128 and 129 of the 1999 constitution, it is only ‎the Benue State House of Assembly and the Auditor- General, Benue State (4th and 5th respondents), that has the power to investigate or inquire into the accounts and /or appropriations, disbursements and administration of the funds of Benue State Government having regard to the clear provisions of sections 1(1) and (3), 125(2),(4) and (6), 128 and 129 of the 1999 constitution.

‎The SAN further informed the court that the EFCC went beyond the investigation of top government functionaries to probing into sensitive financial documents of the state.

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Etiaba submitted that ‎in the course of its investigation , the commission had interrogated some high ranking government officials, including the Permanent Secretary, Government House; Permanent Secretary, Bureau of Internal Affairs and Special Services; Mr. Kato Ijir; Secretary to the State Government; Mr. Agbo Omada (Assistant Director, Finance); Terwase Orbunde (Chief of Staff to the Governor); Dr. Dura Magdalene (Special Assistant Adviser on SDG’s to the governor) and Mr. Stephen Amase.

Besides government officials, the despondent ‎further averred that the EFCC also invited and interrogated members of the State House of Assembly including Hon. Avine Agbum; Dominic Ucha; Ngohemba Agaigbe; Ngunan Adingi among others.

On his part, counsel to the Speaker of the Benue State House of Assembly; the Clerk, Benue State House of Assembly; Benue State House of Assembly and the Auditor-General, Benue State (2nd to 5th respondents), Joe Abaagu aligned himself with the submissions made by Etiaba in urging the court to grant the reliefs sought by the plaintiff.

However, counsel to the EFCC, Sylvanus Tahir in urging the court to dismiss the suit said the reliefs contained in the originating summons were misconceived and maintained that by the provisions of sections virtue of sections 6, 7 and 38(1) of the Economic and Financial Crimes Commission (EFCC) Act 2004, the Commission has powers to investigate both the individuals of the state as well as the State accounts.

Tahir informed the court that the actions of the Commission were informed by petitions written against the state by some indigenes of the state alleging massive corruption by some State officials.

He argued that the powers donated to the state House of Assembly under section 125 of the 1999 constitution and the State Auditor General under section 128 and 129 of the Constitution were merely oversight functions but not prosecutorial powers and urged the court to hold that it is only the EFCC that has the statutory powers to investigate and prosecute financial crimes.

The suit filed by the Attorney General of Benue State, Mr. Micheal Gusa, further urged the court to, among other prayers, determine whether by virtue of sections 6, 7 and 38(1) of the Economic and Financial Crimes Commission (EFCC) Act 2004, or any other law, the EFCC or any other body, authority or person beyond the Benue State House of Assembly and the Auditor- General, Benue State (4th and 5th respondents), has the power to investigate or inquire into the accounts and /or appropriations, disbursements and administration of the funds of Benue State Government having regard to the clear provisions of sections 1(1) and (3), 125(2),(4) and (6), 128 and 129 of the 1999 constitution.

The suit is supported by a 35 paragraph affidavit deposed to by Samuel Orchir, who averred that the business of governance has suffered tremendously by the intermittent interferences and demands by the EFCC, on the officials of the Benue State government to furnish it with documents relating to the accounts and /or appropriations, disbursements and administration of the funds of the state.