A
Federal
High
Court
in
Abuja
and
presided
over
by
Justice
Emeka
Nwite
has
thrown
out
a
suit
seeking
to
compel
the
Attorney
General
of
the
Federation
and
Minister
of
Justice,
AGF,
Mr
Lateef
Fagbemi,
SAN,
to
stop
the
Economic
and
Financial
Crimes
Commission,
EFCC,
from
investigating
allegations
of
fraud
and
economic
crimes
allegedly
committed
by
a
businessman,
Abubakar
Ismail
Isa.
The
judge
dismissed
the
case
on
Monday,
February
24,
2025
on
the
ground
that
the
request
of
the
businessman
lacked
merit
and
substance.
Delivering
judgment
in
a
fundamental
rights
enforcement
suit
against
AGF
and
EFCC,
Justice
Nwite
held
that
AGF
has
enormous
power
to
take
over
proceedings
in
criminal
matters
but
held
that
such
enormous
powers
are
not
at
large.
Justice
Nwite
said
that
under
Section
43
of
EFCC
Act
2004,
the
anti-graft
agency
was
not
under
any
obligation
to
take
advice
from
any
ministry
or
agency
to
drop
its
statutory
powers
to
initiate
investigation
into
any
alleged
economic
crimes.
The
businessman
had
in
his
suit
marked
FHC/ABJ/CS/2024
sued
the
AGF
and
EFCC
complaining
of
unlawful
investigation
into
some
business
transactions
involving
him
and
others.
He
alleged
that
EFCC
was
biased
and
mischievous
in
the
ways
and
manners
he
was
being
investigated.
Specifically,
he
alleged
that
EFCC
was
acting
the
script
of
his
business
adversaries
to
cause
investigation
against
him
without
telling
him
the
nature
of
his
offence
or
show
any
petition
against
him.
Isa
subsequently
asked
Justice
Nwite
to
issue
an
order
of
mandamus
against
the
AGF
to
order
EFCC
to
drop
the
investigation
and
direct
any
other
security
agency
of
the
federal
government
to
take
over
the
investigation.
However,
in
his
judgment,
Justice
Nwite
held
that
Section
174
(3)
of
the
1999
Constitution
upon
which
the
case
was
predicated
did
not
confer
any
power
on
the
AGF
to
nominate
any
agency
to
conduct
investigation
into
economic
crimes
or
financial
breaches.
The
judge
held
that
in
exercise
of
its
statutory
duties,
the
EFCC
was
not
under
any
obligation
to
obey
directive
from
any
ministry
of
government
department.
Justice
Nwite
said
that
Section
43
of
the
EFCC
Act
2004,
has
no
ambiguity
to
the
fact
that
the
anti-graft
agency
shall
have
powers
to
initiate
investigation
into
alleged
economic
crimes
and
initiate
prosecution
of
those
indicted
in
the
process.
He
subsequently
dismissed
the
suit
for
want
of
merit
and
substance.
Dele
Oyewale
Head,
Media
&
Publicity
February
24,
2025
Credit: Economic and Financial Crimes Commission (EFCC)
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