“EFCC, ICPC Have Power To Investigate To Financial Affairs Of States” – Prof. Sagay SAN Replies Agbakoba SAN, Adegboruwa SAN
The Chairman, Presidential Advisory Committee Against Corruption, Prof Itse Sagay, in a chat with The PUNCH, 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.”
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.
