Attorney-general Of Abia State V Attorney-general Of The Federation & Ors (2007)

LAWGLOBAL HUB Lead Judgment Report

W. S. N. ONNOGHEN, J.S.C. 

The plaintiff claimed that the agents of the Economic and Financial Crimes Commission a.k.a EFCC, had caused to be printed in February, 2006, the statement of account of Abia State Government’s House and other State departments without authorization or consent of the plaintiff. The plaintiff also alleged that the EFCC had received copies of statements of account of the plaintiff from the plaintiff’s bankers including but not limited to Hallmark Bank, Guarantee Trust Bank and Many Bank; that the powers to investigate and prosecute financial crimes vested in the EFCC does not extend to the management of the plaintiff’s accounts and that the EFCC within the past one year had used its statutory powers in such a way as to freeze the accounts owned and operated by the Bayelsa State Government and the Plateau State Government; that the Government of Abia State does not come within the provisions of section 7(1) of the Economic and Financial Crimes Commission (EFCC) and as such its financial activities as a Government are not within the contemplation of the EFCC Act; that unless restrained the 1st defendant’s agents acting through the EFCC will take steps to freeze or render inoperative the accounts of the Abia State Government

and therefore called on the court to determine the following questions:-

” (a) Whether official corruption including corruption by functionaries of a State in the Federation as defined in the Criminal Code Law applicable in Abia State or in the Independent Corrupt Practices and Other Related Offences Commission (ICPC) Act, 2002 comes within the purview of section 46 of the Economic and Financial Crimes Commission (EFCC) (Establishment)Act, 2004.

(b) Whether section 40 of the Economic and Financial Crimes Commission (EFCC) (Establishment)Act, 2004 is not unconstitutional having regard to the provisions of section 36 of the Constitution.

(c) Further or in the alternative, whether section 40 of the Economic and Financial Crimes Commission (EFCC) (Establishment) Act, 2004 is not a legislative judgment.

(d) Whether it is lawful or not for the Economic and Financial Crimes Commission (EFCC) to freeze the account of any person pursuant to its powers under section 34(1) of the EFCC Act, notwithstanding the provisions of section 36(1) and (5) of the Constitution of the Federal Republic of Nigeria, 1999.

(e) Whether the powers conferred on the Economic and Financial Crimes Commission (EFCC) by section 7(1) of the Economic and Financial Crimes Commission (EFCC) Act, 2004 extends to investigations into the financial affairs of a State Government.

(f) Whether the Government of Abia State is a person, corporate body or organization cognizable under section 7(1) of the Economic and Financial Crimes Commission (EFCC) Act, 2004.

(g) Whether the Economic and Financial Crimes Commission (EFCC) has power by virtue of section 34(1) and (2) of the Economic and Financial Crimes Commission (EFCC) Act, 2004 to freeze any account belonging to any government in the Federation (including the Abia State Government) or at all.”

The plaintiff therefore claimed the following reliefs:-

“(i) A determination of the question whether section 40 of the Economic and Financial Crimes Commission (EFCC) Establishment Act, 2004 is not a legislative judgment.

(ii) A determination of the question whether the powers conferred on the Economic and Financial Crimes Commission (EFCC) by section 7(1) of the Economic and Financial Crimes Commission (EFCC) Act, 2004 extends to investigation into the financial affairs of a State Government.

(iii) A declaration that it is unlawful for the Economic and Financial Crimes Commission (EFCC) to freeze or render inoperative the account or accounts of any Government of a state including the plaintiff’s.