Benue vs EFCC: Court decides suit against anti-graft agency October 8

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 against the Economic and Financial Crimes Commission (EFCC).

The state is challenging the powers of the anti-graft agency to investigate its accounts.

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

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) 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), 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.

‎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 Chieftaincy 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.

On his part, counsel for the the Speaker of the Benue State House of Assembly; the Clerk, 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.

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 investigate 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 accounts, 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 resolution negates the Doctrine of Separation of Powers as enshrined under Sections 4, 5 and 6 of the Constitution.

“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.”

Justice Nnamdi Dimgba after hearing from various parties ‎fixed October 8 for final verdict.

Meanwhile, a Federal High Court in Abuja 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.