The federal high court in Ibadan has restrained the Economic and Financial Crimes Commission (EFCC) from proceeding with its proposed investigation into the finances of the Oyo state government, ruling that the exercise was speculative and amounted to a fishing expedition.
Justice Nkeonye Maha delivered the judgment on Wednesday, July 22, in suit FHC/IB/CS/61/2025, holding that although the EFCC has statutory powers to investigate financial crimes, such powers must be exercised within the limits of the constitution and the rule of law.
The court held that the commission’s planned investigation, particularly the demands contained in its June 2, 2025 letter to the state government, lacked specific claims and could not be sustained under the law.
Justice Maha ruled that the constitutional right of the plaintiffs to a fair hearing could not be violated under the guise of an investigation.
The Oyo state government approached the court after receiving a letter from the EFCC requesting copies of all contracts executed by the government and details of payments made to contractors from 2021 to June 2, 2025.
According to the state government, it asked the anti-graft agency to identify the specific contractors or companies under investigation to enable it provide the relevant documents, but the commission did not respond.
The plaintiffs, governor Seyi Makinde, the attorney-general of Oyo state and the accountant-general all argued through their counsel, Abiodun Aikomo, that the EFCC’s request was excessive, burdensome and unreasonable.
They contended that the commission’s investigative powers are subject to constitutional limitations and cannot justify broad inquiries without specific claims of wrongdoing.
Counsel to the EFCC, I.G. Ojibor, argued that Section 38 of the EFCC (Establishment) Act, 2004 empowers the commission to request information from individuals, public authorities and companies in the course of investigations.
However, Justice Maha ruled that such powers must be exercised only in relation to identifiable offences and not for speculative or general inquiries.
The court consequently set aside the EFCC’s June 2, 2025 letter and restrained the commission from proceeding with the proposed investigation based on the request.
Comments