A Federal High Court sitting in Abuja has dismissed a suit filed to compel the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Lateef Fagbemi, SAN, to stop the Economic and Financial Crimes Commission (EFCC) from investigating allegations of fraud and economic crimes against businessman Abubakar Ismail Isa.
Justice Emeka Nwite, who delivered the judgment on Monday, February 24, 2025, ruled that the case lacked merit and substance. The businessman had approached the court with a fundamental rights enforcement suit, contending that the EFCC’s investigation into his business dealings was unlawful, biased, and influenced by his business rivals.
In his suit marked FHC/ABJ/CS/2024, Isa alleged that the anti-graft agency was acting maliciously by probing him without disclosing the nature of his alleged offence or providing any petition against him.
He further sought an order of mandamus to compel the AGF to direct the EFCC to halt the investigation and assign the matter to another federal security agency.
“Isa subsequently asked Justice Nwite to issue an order of mandamus against the AGF to order EFCC to drop the investigation and direct any other security agency of the federal government to take over the investigation, the statement”, said.
However, Justice Nwite dismissed the application, stating that the AGF’s powers under Section 174(3) of the 1999 Constitution do not extend to directing or nominating agencies to carry out investigations into economic crimes. He emphasized that the EFCC, under Section 43 of the EFCC Act 2004, has the statutory authority to investigate and prosecute individuals involved in economic and financial crimes without seeking consent or advice from any ministry or government department.
“The EFCC is not under any obligation to heed directives from any ministry regarding its investigative functions,” Justice Nwite stated, adding that the anti-graft agency’s powers are clear and unambiguous under the law.
The statement partly read: “Justice Nwite said that under Section 43 of EFCC Act 2004, the anti-graft agency was not under any obligation to take advice from any ministry or agency to drop its statutory powers to initiate investigation into any alleged economic crimes”.
“The businessman had in his suit marked FHC/ABJ/CS/2024 sued the AGF and EFCC complaining of unlawful investigation into some business transactions involving him and others”.
“He alleged that EFCC was biased and mischievous in the ways and manners he was being investigated”.
“Specifically, he alleged that EFCC was acting the script of his business adversaries to cause investigation against him without telling him the nature of his offence or show any petition against him”.
“Isa subsequently asked Justice Nwite to issue an order of mandamus against the AGF to order EFCC to drop the investigation and direct any other security agency of the federal government to take over the investigation”.
“However, in his judgment, Justice Nwite held that Section 174 (3) of the 1999 Constitution upon which the case was predicated did not confer any power on the AGF to nominate any agency to conduct investigation into economic crimes or financial breaches”.
“The judge held that in the exercise of its statutory duties, the EFCC was not under any obligation to obey directives from any ministry of government department”.
“Justice Nwite said that Section 43 of the EFCC Act 2004, has no ambiguity to the fact that the anti-graft agency shall have powers to initiate investigation into alleged economic crimes and initiate prosecution of those indicted in the process”.
“He subsequently dismissed the suit for want ofmerit and substance”.
