AGF, EFCC lack powers to probe Rivers, says Wike

Governor Nyesom Wike

Governor Nyesom 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 [2012] 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.

In this article:
EFCCNyesom WikeRivers state
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1 Comment
  • Ido Idoje

    RIVERS AGF IS RIGHT ON POINT ON THIS COURT ORDER. The CAKE was baked and delivered early in 2008 in Port Harcourt by Justice Ibrahim Buba of the Federal High Court Port Harcourt “PERPETUALLY RESTRAINING THE EFCC” from investigating, interrogating the accounts, officials of the Rivers State Government. But EFCC, like PMB, is acting with impunity, executive lawlessness and rascality, abuse of court processes, orders, and many more. THIS IS THE DRAWBACK ON OUR DEMOCRACY – A MAJOR ACHIEVEMENT OF THE BUHARI GOVERNMENT. Buhari’s super minister AMAECHI is a beneficiary of the Buba CAKE – he had a deep, big bite when he invoked the Buba order against the EFCC, icing the cake by leading a mass protest against EFCC on the streets of Port Harcourt calling the commission unprintable names – that was when the going was good for the trio of Amaechi, Wike and Abe and were ALL TOGETHER DIGGING DEEP into the state. EFCC is corrupt; so, the commission must first vacate the Buba court order, after 8 years, if it sincerely and seriously wants to purge itself of corruption.