Court Dismisses Businessman’s Suit to Halt EFCC Investigation

A Federal High Court in Abuja, has dismissed a suit filed by a businessman Abu Samaila Isa Funtua, seeking to mandate the Attorney General of the Federation and Minister of Justice Lateef Fagbemi, SAN, to stop the Economic and Financial Crimes Commission (EFCC) investigation into alleged fraud and economic crimes involving him.

Justice Emeka Nwite ruled that the businessman’s request lacked merit and substance.
The Court pointed out that while the AGF has the authority to take over criminal matters, this power is not unlimited.

In his judgment, Justice Nwite clarified that under Section 43 of the EFCC Act of 2004, the anti-graft agency is not required to seek approval from any ministry or agency before launching an investigation into alleged economic crimes.

Funtua had filed a suit against the AGF and the EFCC, claiming that the investigation into his business dealings was unlawful.
He argued that the EFCC was allegedly biased, acting maliciously, and targeting him at the behest of his business rivals. .

As a result of this development, Funtua sought a court order compelling the AGF to direct the EFCC to discontinue the investigation and assign another federal security agency to handle the case.
However, Justice Nwite dismissed the suit, stating that Section 174 subsection 3 of the 1999 Constitution, the basis for Funtua’s claim, does not grant the AGF the authority to transfer investigations to other agencies.
The court emphasized that the EFCC is not obligated to follow directives from any government ministry or department when carrying out its statutory duties.

Justice Nwite concluded that the EFCC, under the provisions of Section 43 of the EFCC Act, is empowered to investigate alleged economic crimes and prosecute offenders, without interference from the AGF or other entities.