A Federal High Court sitting in Ibadan, Oyo State, has restrained the Economic and Financial Crimes Commission (EFCC) from proceeding with its planned investigation into the finances of the Oyo State Government.
Delivering judgment in a suit filed by the Oyo State Government, the court presided over by Justice Nkeonye Maha acknowledged that while the EFCC has statutory powers to investigate financial infractions and crimes, however, held that such powers must be exercised strictly in line with the Constitution and the Rule of Law.
Justice Maha particularly held that the EFCC’s proposed investigation into Oyo State’s finances, particularly the demands contained in its letter of June 2, 2025, was speculative and amounted to a fishing expedition.
Justice Maha declared that the constitutional rights of the plaintiffs to fair hearing could not be trampled upon under the guise of investigation.
The anti-graft agency had on June 2, 2025 wrote the Oyo State Accountant-General and demanded among other things, copies of all contracts involving the State and details of all transactions and payments made to contractors from 2021 to the date of the letter.
However, the Oyo State Government through its counsel, led by the Attorney General, Mr Abiodun Aikomo, argued that the EFCC’s request, covering several years, was oppressive, unduly burdensome, and unreasonable given the volume of contracts entered into during the period.
In its counter argument, counsel to the EFCC, I.G. Ojibor, who led S. Adamu, relied on Section 38 of the EFCC Act (2004), which empowers the Commission to demand and receive information from any person, authority, corporation, or company without hindrance.
Ojibor argued that the provision entitled the commission to conduct a blanket investigation into the state’s finances.
In its judgement, Justice Maha set aside the EFCC’s letter dated June 2, 2025, and declared that any request by the Commission must be reasonable and tied to specific allegations.
The trial judge specifically held that Section 38 of the EFCC Act empowers the Commission to demand information only for the investigation of offences under the Act, not for speculative or roving inquiries.
