A Federal High Court sitting in Ibadan has restrained the Economic and Financial Crimes Commission (EFCC) from proceeding with its planned investigation into the finances of the Oyo State Government, describing the proposed exercise as speculative and a “fishing expedition.”
Delivering judgment on Wednesday in Suit No. FHC/IB/CS/61/2025, Justice Nkeonye Maha held that while the EFCC has the statutory authority to investigate financial crimes, such powers must be exercised within the confines of the Constitution and the rule of law.
The court ruled that the Commission’s demands contained in its letter dated June 2, 2025, seeking comprehensive records of the state’s contracts and financial transactions from 2021 onward, lacked specific allegations and amounted to an unconstitutional roving inquiry. Justice Maha stressed that the constitutional right to a fair hearing cannot be undermined under the guise of an investigation.
The Oyo State Government approached the court after the EFCC requested copies of all contracts awarded by the state and details of payments made to contractors over a four-year period. The government had written to the Commission, asking it to identify the specific contractors or companies under investigation to enable it to provide relevant documents. Following the EFCC’s failure to respond, the state instituted legal action.
The plaintiffs—Governor of Oyo State, the Attorney General, and the Accountant General—through their counsel and Attorney General, Barrister Abiodun Aikomo, argued that the EFCC’s request was oppressive, unreasonable, and excessively broad. They maintained that investigations must be based on identifiable allegations and evidence rather than blanket demands for government records.
In response, EFCC counsel I.G. Ojibor, leading S. Adamu, relied on Section 38 of the EFCC Act, 2004, arguing that the Commission is empowered to demand information from any individual, authority, or institution without restriction and could therefore conduct a broad investigation into the state’s finances.
However, Justice Maha rejected the argument and ruled in favour of the Oyo State Government. The court set aside the EFCC’s June 2, 2025 letter and held that any request for information by the anti-graft agency must be reasonable, targeted, and connected to specific allegations of offences under the EFCC Act.
The judgment reaffirmed that the EFCC’s investigative powers cannot be used to embark on speculative or indiscriminate inquiries without a clear legal basis.
