The Economic and Financial Crimes Commission on Monday faulted a statement by a former President of the Nigerian Bar Association, Olisa Agbakoba (SAN), faulting the commission’s investigation of the finances of the Kogi State Government.

Agbakoba had stated that the EFCC had no business investigating the state or trying to find out how it spends its funds.

He reminded the commission of Section 46 of the EFCC Act which narrowed down its functions, stressing that if the EFCC must expand its function, it must inform the National Assembly.

Reacting, the Head, Media and Publicity, EFCC, Wilson Uwujaren, in a statement made available to newsmen on Monday, said no evidence was presented by Agbakoba “to support his claim that the EFCC has been lawless, nor did he mention any law which the commission’s investigation of the finances of the Kogi State Government violated.”

The commission continued, “Instead, his refrain was to a non-extent decision of the Supreme Court which he also failed to elaborate upon.

“The learned counsel ought to have known that the Apex Court of the land as far back as 2010 in Jolly Tevoru Nyame vs FRN (2020) held that the ‘claim that the money belongs to Taraba State and that the state has an exclusive claim on it to the exclusion of any other authority by section 120 of the 1999 constitution cannot stand.”

The anti-graft agency also cited the Supreme Court in A.G Ondo State vs A. G. Federation(2002) to describe Agbakoba’s views as erroneous.

Citing the decision by the Court of Appeal in Kalu vs FRN (2012), the commission said, “It is clear that whilst the state assemblies can investigate finances of their states, they are not empowered to investigate and prosecute fraud cases; that responsibility lies with agencies such as the EFCC.

“It is, therefore, morally reprehensible for a learned Silk of Agbakoba’s calibre to promote the view that state governments cannot be questioned on how they use the resources of their states, and that law enforcement organisations cannot investigate cases of alleged wanton theft of Kogi State’s resources particularly where the alleged thieves do not report themselves! Had this view been promoted by any other lawyer than Agbakoba who rose to national prominence as an advocate of civil liberties and anti-corruption, it would have been pardonable.”

Reacting, the Chairman, Presidential Advisory Committee Against Corruption, Prof Itse Sagay, in a chat with newsmen, cited a case in which the Supreme Court allowed the Independent Corrupt Practices and Other Offences Commission to investigate state financial affairs.

He said, “I read a summary of what Agbakoba said this morning on my way to the office. I would say my knowledge in this regard is not very profound but the impression I have of that judgment is that it is a broad principle applicable to all federal institutions that have the powers of investigating corruption, not just ICPC which happened to be the party that was engaged in that particular investigation. From what I read and the nature of the law applied, it cannot be limited to ICPC.”

But a Senior Advocate of Nigeria, Mr Ebun-Olu Adegboruwa, backed Agbakoba, saying he believed the EFCC has no right to investigate state finances and revenue.

He said, “I believe the EFCC has no power to probe the finances or revenue of states.

“That should be the business of the states, especially the House of Assembly of that state in that regard. So, I support that the court should be able to stop that with caution.”