• Ozhekome tasks FG, anti-graft agency on rule of law

Wole Balogun, Ado Ekiti

A Federal High Court, Ado Ekiti, yesterday told the Economic and Financial Crimes Commission (EFCC) that it cannot probe states’ finances without a report of indictment from Houses of Assembly.

The court so declared in a judgment delivered in a suit filed by Ekiti State Government against the EFCC, the Inspector General of Police (IGP), the speaker, Ekiti State House of Assembly, the clerk and 13 others.

The state’s Attorney General filed the suit after the commission sent invitation letters to some government officials seeking details of some financial transactions of the state.

The EFCC also sent letters to the banks seeking financial books of the state in their custody.

Justice Taiwo O. Taiwo held that the financial institutions are not entitled to disclose to any person, body or agency, including the EFCC and IGP, or any other investigating body, any document and financial records of the state.

The court held that the EFCC cannot usurp the oversight functions vested in state Assembly under Sections 128 and 129 of the 1999 Constitution to initiate a probe or criminal proceedings against a state official.

According to him, only the state legislative is vested with oversight and investigation role over state finances, appropriation and implementation after receiving a formal report from the Auditor General or the Accountant General as the case may arise.

Referring to section 125 (c) of the constitution, Justice Taiwo said: “It is unassailable that there is separation of powers.

“Under a federal system, section 4, 5 and 6 of the constitution provides separation of powers which guarantees independence and disallow encroachment of powers.

“The power for control of fund, financial outflow, appropriation are vested in the House of Assembly.

“It is the auditor general of the state that has the power to check government corporations and to submit his report to the Assembly.

“Nobody, including the court, can read other meaning into the clear provision of the constitution.

“The Assembly has the responsibilities on the management of funds by the executives.

“They have the responsibility to ensure fund management, cut wastage and reject corruption,

“The first defendant (EFCC) is bound to operate within the constitution and cannot operate like the lord of the manor. Its statutory duty is not a licence to contravene the constitution.

“I cannot, by any stretch of imagination, see how the statutory functions of the EFCC can extend to a state in a federation, under any guise, to the extent that the eight to 18 defendants (banks) will be directed to submit bank details.

“The first defendant can investigate any person or corporate organisation; what it cannot do is to usurp the powers of the Assembly.”

Senior counsel to the state government, Mike Ozekhome, while commenting on the development, said: “The attorney general, speaker, Ekiti State House of Assembly, the state House of Assembly, auditor general, the plaintiffs and defendants in this matter today won our case against the EFCC

“The court made it clear that the EFCC is not an omnibus, rampaging policeman or guardian agent that monitors state finances, receipts, expenditure and use of state finances and that, that is the job of the state House of Assembly.

“It says EFCC only has powers to investigate financial crimes against persons, an individual or a corporate body; it did not say against the state government, and as the judge rightly said the federal government does not have powers to investigate state finances.”