AGF, EFCC lack powers to probe Rivers, says Wike
Rivers State Governor Nyesom Wike yesterday said the Attorney General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC) lack the powers to probe the state’s finances.
Wike also said that a report in newspapers, (not The Guardian), where the EFCC allegedly said that one “Mr. Kingsley Fubara,” said to be a Director of Finance and Administration, in the Rivers State Government House, made repeated financial withdrawals from the Central Bank of Nigeria and Zenith Bank to the tune of N11 billion, was false.
Wike had through the State Attorney-General and Commissioner for Justice, Emmanuel C. Aguma, (SAN), petitioned the Attorney General of the Federation, that the wild allegations contained in the said publication was in clear violation of the judgment in suit number FHC/PH/CS/78/2007: Attorney General of Rivers State and EFCC and three others.
“We respectfully remind you sir of the responsibilities of the Attorney-General of the Federation as elucidated by the Supreme Court in Elelu-Habeeb v Attorney-General of the Federation  All FWLR Part 629 page 1011 at page 1079 paragraphs B-D. There is no need for a reproduction of the admonition of the noble justices of the Supreme Court as we are certain that you are conversant with the decision,” he said.
Wike explained that there are two subsisting judgments of the High Court of Rivers State and the Federal High Court that bar the EFCC from investigating the finances of Rivers State.
According to him, first of these judgments is that Judgment of the High Court of Rivers State in Suit Number PHC/114/2007: Attorney General of Rivers State versus the Speaker of the Rivers State House of Assembly and 36 others.
He pointed out that the presiding judge in the case, Justice Peter Agumagu had on the 16th day of February 2007 enunciated that by combined effects of section 125 subsections (2), (5) and (6) of the Constitution of the Federal Republic of Nigeria 1999, only the House of Assembly of a State, Rivers State inclusive, that has the final say on matters pertaining to the funds of the state.
Citing the aforementioned judgment, the state reminded the Attorney General of the federation that the Constitution does not vest on investigating bodies such as the EFCC or the Police or law officers like the Attorney-General of the Federation any powers to direct or control the House of Assembly of a State in the performance of its aforementioned function of superintending over the funds of a state.
“Neither do the Attorney General of the Federation, the Police or the EFCC have any constitutional powers to direct how the Accountant-General or the Auditor General of a State performs their respective functions,” he said.