A Federal High Court in Abuja, presided over by Justice Emeka Nwite, has dismissed a suit seeking to compel the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, to stop the Economic and Financial Crimes Commission (EFCC) from investigating allegations of fraud and economic crimes involving businessman Abu Samaila Isa Funtua.
The presiding judge dismissed the case on the grounds that the businessman’s request lacked merit and substance.
Delivering judgment in the fundamental rights enforcement suit against the AGF and EFCC, Justice Nwite held that while the AGF has significant authority to take over proceedings in criminal matters, those powers are not unlimited.
Funtua had filed a suit marked FHC/ABJ/CS/2024 against the AGF and EFCC, alleging unlawful investigation into certain business transactions involving him and others. He claimed that the EFCC was biased and acting maliciously in the manner it was investigating him.
Specifically, Funtua alleged that the EFCC was acting on behalf of his business adversaries to target him unfairly without informing him of the nature of his offense or presenting any petition against him.
However, in his judgment, Justice Nwite ruled that Section 174(3) of the 1999 Constitution, on which the case was based, does not grant the AGF the power to assign investigations of economic crimes to other agencies.
The judge further stated that in carrying out its statutory duties, the EFCC is not bound to obey directives from any government ministry or department. He emphasized that Section 43 of the EFCC Act 2004 clearly empowers the anti-graft agency to investigate alleged economic crimes and prosecute those found culpable. He subsequently dismissed the suit for lack of merit and substance.
Recall that in June 2024, the had arrested Abubakar Samaila Isa Funtua, who is a don of late Isa Funtua for alleged involvement in over N28billion fraud at Keystone Bank.