EFCC, ICPC competent to investigate state accounts – Falana

Foremost human rights lawyer and Senior Advocate of Nigeria, Femi Falana, on Thursday noted that contrary to the opinions of another SAN, Olisa Agbakoba, anti-graft agencies such as the Economic and Financial Crimes Commission and the Independent Corrupt Practices Commission and other related offences were competent to investigate the account of state governments.

The Senior Advocate made this known in a piece made available to our correspondent in Abuja.

“My respected colleague and comrade in the human rights community, Olisa Agbakoba SAN has questioned the legal competence of the anti-graft agencies to investigate the finances of state governments. He feels so convinced about his position that he has announced his intention to approach the federal high court to secure a perpetual injunction restraining the EFCC from probing the accounts of state governments.

“The controversy is completely needless in view of the fact that the appellate courts have held that the anti-graft agencies are competent to arrest, investigate and prosecute public officers and private individuals involved in the criminal diversion of public fund belonging to state governments. Some of the cases include the following: Kalu v. Federal Republic of Nigeria (2014) 1 NWLR (PT 1389) 479.

“The locus standi of the EFCC to prosecute the Appellants was questioned by the Appellants who raised several objections to the charges on the grounds that the funds allegedly stolen belonged to the Abia State government.

“The Appellants contended that they should not have been charged in the name of the Federal Republic of Nigeria.

The Court of Appeal entertained no difficulty in dismissing the objections. In the leading judgment of the Court Eko JCA (as he then was) said, “The Appellants have incorrectly in my view, argued that the money laundering offences alleged against them are offences against Abia State Government that owns the funds allegedly “stolen and laundered in the account of Slok Nigeria Limited.

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