Whether the EFCC can Investigate State House of Assembly Fund Disbursement and Administration

CASE TITLE: EFCC v. GOVT OF ZAMFARA STATE & ORS (2024) LPELR-62933(CA)
JUDGMENT DATE: 20TH SEPTEMBER, 2024
PRACTICE AREA: GOVERNMENT AGENCY
LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, JCA.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the extent of the power of the Economic and Financial Crimes Commission.

FACTS:

This is an appeal against the judgment of the Federal High Court, sitting at Gusau, Zamfara State, delivered on March 31, 2023.

Sometime in October 2021, the Appellant got intelligence reports from the Nigerian Financial Intelligence Unit (NFIU) bordering on money laundering and financial misappropriation against some identified officials of the Zamfara State Government, which upon intensive analysis was worthy of investigation. Hence, the Appellant’ caused a letter, Exhibit. ZAM 1, addressed to the Chief of Staff, Government House, Zamfara State, requesting the release of the identified staff for interview but instead of them honoring the said invitation, they rushed to the Court and obtained restraining orders against their invitation and investigation by the Appellant.

The 1st and 2nd Respondents then commenced an action at the trial Court vide an originating summons filed on November 16, 2021, wherein they sought the determination of the following question, among others:

1. Whether, having regard to the provisions of Sections 120, 121, 122, 123, 124, 128 and 129 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and upon a calm and proper interpretation of the said provisions thereof, the 1st Defendant or any authority, person, body or organization other than the House of Assembly of Zamfara State has the Constitutional Authority to exercise powers and control over public funds of Zamfara State.

2. Whether, upon a calm and proper interpretation of the provisions of Section 128 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, the 1st Respondent or any other authority, person, body or organization other than the House of Assembly of Zamfara State has the constitutional authority or power to conduct an investigation into the disbursing or administering of money appropriated or to be appropriated by the House of Assembly of Zamfara State under any law or appropriation bill, no matter whether or not the purpose for the investigation is to expose corruption, inefficiency, waste of public funds or not.

3. Whether, having regard to the provisions of Sections 120, 121, 122, 123, 124, 125, 128 and 129 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, the 1st Defendant has the vires or power to invite (by letters, telephone calls or any other means of communication) serving and past officials of the 1st plaintiff for the purpose of explaining how funds meant for security votes, estacodes, and travel allowances were utilized, when such funds are such that the Auditor General and the Zamfara State House of Assembly have the constitutional authority to conduct investigations and exercise powers and control over them.

4. Whether, upon a calm and proper interpretation of the provisions of Section 125 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, the power to receive financial statements and annual accounts of Zamfara State is vested in the 1st Defendant or any other authority, person, body or organization other than in the Auditor General for Zamfara State.

After hearing parties on their evidence and upon the exchange and adoption of written addresses by counsel to the respective parties, the learned trial judge found merit in the plaintiffs’ case.

Dissatisfied with the judgment of the trial Court, Appellant appealed to the Court of Appeal.

ISSUE(S) FOR DETERMINATION:

The appeal was determined on the following issues:

1. Whether, having regards to the doctrine of Judicial Precedence, the learned trial judge was not wrong when His Lordship ignored the decision of the Supreme Court in A.G. Ondo State Vs A.G. Federation, Kalu Vs FRN and the Court of Appeal decision in Kalu Vs FRN and instead relied on the unreported decision of the Federal High Court in A.G. Rivers State Vs EFCC & 3 Ors. and Attorney General of Ekiti State Vs EFCC.

2. Whether the learned trial judge was right in construing Sections 125, 128, and 129 of the Constitution to the effect that only the Auditor General and the House of Assembly of Zamfara State have the power to investigate the finances of Zamfara State and to determine whether a crime is committed.

DECISION/HELD:

In the final analysis, the appeal was allowed.

RATIOS:

• CASE LAW- JUDICIAL PRECEDENT/STARE DECISIS: Binding effect of the doctrine of stare decisis
• GOVERNMENT AGENCY- ECONOMIC AND FINANCIAL CRIMES COMMISSION: Extent of the power of the Economic and Financial Crimes Commission to investigate, enforce and prosecute offenders vis-a-vis any other law or regulation
• GOVERNMENT AGENCY- ECONOMIC AND FINANCIAL CRIMES COMMISSION: Whether the Economic and Financial Crime Commission has power to investigate the disbursement and administration of funds appropriated by a State House of Assembly

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