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 exercise as speculative and not supported by specific allegations.
Justice Nkeonye Maha delivered the judgment on Wednesday in suit No. FHC/IB/CS/61/2025, filed by the Oyo State Government against the anti-graft agency.
The court acknowledged the EFCC’s statutory powers to investigate financial crimes but held that such powers must be exercised in accordance with the Constitution and the rule of law.
Justice Maha ruled that the Commission’s proposed investigation, particularly the demands contained in its letter dated June 2, 2025, amounted to a fishing expedition and could not be justified without identifiable allegations of wrongdoing.
According to the judgment, the constitutional right of the plaintiffs to fair hearing could not be undermined under the guise of investigation.
The suit was instituted after the EFCC wrote to the Oyo State Accountant-General requesting copies of all contracts awarded by the state government and details of payments made to contractors from 2021 to June 2, 2025.
The state government said it responded by asking the Commission to identify the contractors or companies under investigation so that relevant documents could be supplied. However, it said the EFCC did not respond, prompting the legal action.
The plaintiffs—Governor of Oyo State, the Attorney-General of Oyo State and the Accountant-General of Oyo State—through their counsel led by the Attorney-General, Barrister Abiodun Aikomo, argued that the request was oppressive, unreasonable and excessively broad, considering the volume of contracts executed within the period.
They maintained that while the EFCC has powers to investigate financial crimes, such authority is subject to constitutional safeguards and must be based on specific allegations rather than general or indiscriminate inquiries.
Counsel to the EFCC, I.G. Ojibor, leading S. Adamu, relied on Section 38 of the EFCC Act, 2004, arguing that the provision empowers the Commission to demand information from any individual, authority, corporation or company in the course of its investigations.
However, Justice Maha ruled in favour of the Oyo State Government, setting aside the EFCC’s June 2, 2025 letter.
The judge held that any request for information by the Commission must be reasonable and directly linked to the investigation of specific offences under the EFCC Act, stressing that Section 38 does not empower the anti-graft agency to embark on speculative or blanket investigations.
