Godwin Tsa, Abuja
The Abuja division of the Federal High Court has fixed October 8, 2018 to deliver judgment in the suit filed by the Benue State Government.
state challenging the powers of the Economic and Financial Crimes Commission (EFCC) to investigate it’s accounts.
Justice Nnamdi Dimgba fixed the date after counsel representing the various parties to the suit adopted their briefs of arguments.
Before yesterday’s proceedings, the court had ordered the Economic and Financial Crimes Commission (EFCC) to stop further investigations into the finances of Benue State Government pending the determination of the suit filed by the state.
Justice Nnamdi Dimgba who issued the preservative order yesterday 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 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) who was with Emeka Okpoko (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), 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.
He further informed the court that the EFCC went beyond the investigation of top government functionaries to probing into sensitive financial documents of the state.
He listed some of the documents forwarded to the EFCC for investigation to include; Certified True Copies (CTC) of the approved budget for the Bureau for Local government and Chietaincy Affairs and those of all the 23 local government council from 2015 to date; approved budget of the state and the Local government council from January 2015 to date; details of statutory allocations released to the state and Local government councils from January 2015 to date; details of excess crude Oil allocations released to the state and Local government from January 2015 to date and details of Value Added Tax (VAT) allocations released to the state and Local government councils from January 2015 to date.
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 depondent 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.
Citing some legal authorities to buttress his points, Etiaba urged the court to grant the reliefs sought by his client as contained in the originating summons.
On his part, counsel for the
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, Slyvanus Tahir in urging the court to dismiss the suit said the reliefs contained in the originating summons were misconceived.
He 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 including Abubakar Tsav, 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 prosecutoral powers.
He urged the court to hold that it is only the EFCC that has the statutory powers to investigate and prosecute financial crimes.
The EFCC had earlier this month frozen the bank account of Benue State Government claiming it was investigating alleged fraud.
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The suit filed by the Attorney General of Benue State, Mr. Micheal Gusa, further urged the court to 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 State asked the court to determine “Whether in the absence of any resolution duly passed by the Benue State House of Assembly authorising the EFCC or any other body, authority or person to investigate and/or inquire into the accounts deor appropriations, disbursements and administration of the funds of Benue State Government, the EFCC or any other body, authority or person can lawfully and constitutionally embark on such exercise without breaching the clear provisions of Sections 1 (1) and (3), 125(2), (4) and (6), 128 and 129 of the Constitution.
“Whether the continued invitations of Officials of Benue State Government, investigations and/or inquisitions into the accounts and/or appropriations, disbursements and administration of the funds of Benue State Government by the EFCC or any other body, authority or person under any guise having regard to Sections 1(1) and (3), 125(2), (4) and (6), 128 and 129 of the Constitution do not negate the Doctrine of Separation of Powers as enshrined under Sections 4, 5 and 6 of the Constitution.
Upon favourable determination of the questions, the plaintiff is seeking “A declaration that by the provisions of Sections 6, 7 and 38(1) of the Economic and Financial Crimes Commission (EFCC) and any other law, the EFCC or any other body, authority or person does not have the power to investigate and/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 Constitution.
“A declaration that in the absence of any resolution duly passed by the Benue State House of Assembly pursuant to Sections 128 and 129 of the Constitution authorizing the EFCC or any other body, authority or person to invetigate the accounts or make inquisitions into the accounts and/or appropriations, disbursements and administration of the funds of Benue State Government, the EFCC or any other body, authority or person cannot commence or continue investigations and/or inquisitions with respect thereof.
“A declaration that the commencement or continued invitations of officials of Benue State Government on account of investigation of Benue Government accotmts, investigations and/or inquisitions into the accounts and/or appropriations, disbursements and administration of the funds of Benue State Government by the EFCC or any other body, authority or person under any guise without authorization by the 2nd to 4th defendants vide a duly passed eesolution negate the Doctrine of Separation of Powers as enshrined under Sections 4, 5 and 6 of the Constitution.
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“A declaration that the continued invitations of officials of Benue State Government, investigations and/or inquisitions into the accounts and/or appropriations, disbursements and administration of the funds of Benue State Government by the EFCC or any other body, authority or person amount to usurpation of the Powers of the Benue State House of Assembly and the Auditor General, Benue State, having regard to Sections 125 (2), (4) and (6), 128 and 129 of the Constitution.
“A declaration that the demands made by the 1st defendant, invitations of officials of Benue State Government and subsequent investigations violate the express provisions of Sections 125, 128 and 129 of the Constitution.
“A declaration that the 2nd to 4th defendants are not permitted to surrender or share their powers of control over the public funds of Benue State as provided by the Constitution to the 1st defendant or any other body, authority or person.
“A declaration that the EFCC Act is an inferior; legislation to the Constitution and where any provision in the Act ultra vires the provisions of the Constitution, such provision becomes null and void and of no effect.
The plaintiff also wants an order of perpetual Injunction restraining the 2nd, 3rd and 4th defendants from surrendering\ or sharing their powers of control over the public funds of Benue State as provided under Sections 128 and 129 of the Constitution to the 1st defendant or to any other body, authority or person.
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.