EFCC lacks power to invite Zamfara State officials, court rules

The Federal High Court in Gusau, Zamfara State, has said that the Economic and Financial Crimes Commission (EFCC) does not possess the authority to invite serving and past officials of Zamfara State government to account for the utilization of state funds.

Justice Aminu Bappa Aliyu declared that the sole power to audit the public accounts of Zamfara State lies with the Auditor General of Zamfara State and not with the EFCC or any other entity.

In the case brought by the government of Zamfara State and the Attorney General of the state against the EFCC and the Attorney General of the Federation, the court set aside the EFCC’s invitation letter to officials of the state government.

The court deemed the letter “null and void” as it exceeded the powers of the EFCC.

The court granted all the prayers of the plaintiffs after considering arguments presented by the plaintiffs’ counsel, Abdulfathu Shehu, and the defendants’ counsels, Adebisi Adeniyi and P. A. Attah.

Justice Aliyu emphasized that only the Zamfara State House of Assembly and the Auditor General of the state have the constitutional authority to seek explanations and conduct investigations into the expenditure of state funds.

“The 1st Defendant (EFCC) does not have the powers to invite (by letters, telephone calls or any other means of communication) serving and past officials of the plaintiff for the purpose of explaining how funds meant for security votes, estacodes and travelling allowances were utilized,” stated Justice Aliyu.

The court also issued an injunction restraining the EFCC from inviting, arresting, or detaining past or present officials of Zamfara State government concerning the mentioned funds, unless such actions are conducted through the state House of Assembly in strict compliance with the Constitution.

Furthermore, the court emphasized that the power to receive financial statements and annual accounts of Zamfara State rests solely with the Auditor General of the state, as outlined in the Constitution.

It also clarified that the EFCC and any other entity lacks the authority to audit the public accounts of the state.

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