EFCC Cannot Investigate The Accounts Of A State —Rivers State Attorney General

Reports that the Economic and Financial Crimes Commission plans to investigate the alleged withdrawal of N11 billion from the accounts of Rivers State a the Central Bank between October 2015 and February 2016 appear to have generated a major legal controversy. By implication, the commission may also run into this controversy if and when it moves to probe the alleged transfer on January 27, 2016 of N1.5 billion from the state’s CBN account to an account which allegedly belongs to a Mr Samuel Anya at Zenith Bank.

The Attorney General and Commissioner of Justice of Rivers State, Emma Aguma has written to the Chief Justice of the Federation, stating that there are court judgements which bar the EFCC from investigating the accounts of Rivers State and by implication, all states.

Wrote Aguma: “There are two subsisting judgements of the High Court of Rivers State and the Federal High Court that bar the EFCC from investigating the finances of Rivers State. The first of these judgments is the judgment of the High Court of Rivers State in suit Number PHC/114/2007: Attorney General of Rivers State Vs the Speaker of Rivers State House of Assembly and 36 others. The judgment was delivered by Justice P. Agumagu on February 16, 2007. This judgment enunciated the following principles of law which till date have not been set-aside by the EFCC in any appellate court.

“The principles of law are: By the combined effects of section 125 subsections (2), (5) and (6) of the Constitution of the Federal Republic of Nigeria 1999 (the 1999 Constitution), it is the House of Assembly of a state, Rivers State inclusive, that has the final say on matters pertaining to the funds of the state as laid before it by the Auditor-General’s Audit Report of all public accounts and the Accountant-General’s financial statements and published annual accounts.”

The Attorney-General who said he was writing as the Chief Law Officer of Rivers State and at the instruction of the Governor of Rivers State, Mr Nyesom Wike and the Government of Rivers State claimed he had the instruction to state as follows:

“The totality of the allegations made in the said publication is untrue and unfounded. It is a salacious publication aimed at both scintillating the reading public and scandalizing the Government of Rivers State by the usual methods of trial on the pages of newspapers devoid of verifiable facts. The wild allegations contained in the said publication would be appropriately addressed and their falsity shown when they are raised by due process of law at the appropriate forum.”