A Federal High Court in Abuja, presided over by Justice Emeka Nwite, has dismissed a suit aimed at stopping the Economic and Financial Crimes Commission (EFCC) from investigating a businessman, Abubakar Isa over allegations of fraud, and economic crimes.
The court ruled on February 24, 2025, that the businessman’s request that the Minister of Justice, Lateef Fagbemi to prevail on the EFCC to halt the probe, was devoid of merit and substance.
Justice Nwite emphasized that the justice minister possesses significant authority in criminal matters, but this power is not limitless.
He noted that the EFCC, under Section 43 of the EFCC Act, 2004, is not required to heed advice from any government agency regarding its investigations into economic crimes.
Isa in the suit claimed that the EFCC was conducting a biased investigations against him, at the behest of his business rivals without clarifying the nature of the allegations against him.
The businessman consequently, asked the court for an of mandamus, praying the judge to compel Fagbemi to instruct the EFCC, to cease their investigation, and to redirect it to another federal security agency.
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However, Justice Nwite clarified that Section 174 (3) of the 1999 Constitution does not empower the justice minister, to designate any agency to handle investigations into financial crimes.
He affirmed that the EFCC is not obligated to follow directives from other ministries, and reiterated the commission’s authority to initiate investigations, and prosecutions related to economic offenses.
Ultimately, the court dismissed Isa’s suit, finding it lacking in merit.
Justice Nwite said that Section 43 of the EFCC Act 2004, has no ambiguity to the fact that the anti-graft agency shall have powers to initiate investigation into alleged economic crimes, and initiate prosecution of those indicted in the process.
