A Federal High Court in Ibadan has restrained the Economic and Financial Crimes Commission (EFCC) from proceeding with its proposed investigation into the finances of the Oyo State Government, ruling that the planned exercise was speculative and lacked specific allegations.
Delivering judgment in Suit No. FHC/IB/CS/61/2025 on Wednesday, Justice Nkeonye Maha affirmed the EFCC’s statutory authority to investigate financial crimes but stressed that such powers must be exercised within the bounds of the Constitution and the rule of law.
The ruling followed a suit instituted by the Oyo State Government after the EFCC issued a letter dated June 2, 2025, requesting extensive records from the Office of the Accountant-General, including details of all contracts and payments made to contractors from 2021 to date.
According to a statement issued by the Special Adviser to Governor Seyi Makinde on Media, Dr Sulaimon Olanrewaju, the state government had written to the anti-graft agency seeking clarification on the specific contractors or companies under investigation so that relevant documents could be provided. However, the EFCC did not respond to the request, prompting the government to seek judicial intervention.
The plaintiffs, comprising the Governor of Oyo State, the Attorney General and the Accountant-General of the state, argued that the commission’s request was excessively broad, oppressive and unreasonable due to the volume of transactions involved over the period under review.
Represented by the Attorney General, Barrister Abiodun Aikomo, the state further contended that investigations must be evidence-based and linked to identifiable allegations rather than broad, unspecified inquiries.
In its defence, EFCC counsel, I.G. Ojibor, argued that Section 38 of the EFCC Act empowers the commission to request information from any authority, institution or individual as part of its investigative mandate.
However, Justice Maha ruled in favour of the Oyo State Government, setting aside the EFCC’s letter and declaring that requests for information must be reasonable and connected to specific allegations of wrongdoing.
The court held that Section 38 of the EFCC Act authorises the commission to obtain information strictly for the purpose of investigating offences under the Act and does not permit speculative or indiscriminate inquiries.
The judgment reinforces constitutional safeguards on fair hearing and due process while clarifying the limits of investigative powers exercised by anti-corruption agencies in Nigeria.
