Foremost human rights lawyer and Senior Advocate of Nigeria Femi Falana has said that contrary to the opinions of another SAN, Olisa Agbakoba, anti-graft agencies such as the Economic and Financial Crimes Commission and the Independent Corrupt Practices Commission and other related offences were competent to investigate the accounts of state governments.
Olisa Agbakoba SAN had questioned the legal competence of the anti-graft agencies to investigate the finances of state governments he ha announced his intention to approach the federal high court to secure a perpetual injunction restraining the EFCC from probing the accounts of state governments.
The Appellant had challenged the power of the EFCC to prosecute the matter on the ground that the subject matter was not the property of the Plateau State Government.
Falana said that The controversy is completely needless in view of the fact that the appellate courts have held that the anti-graft agencies are competent to arrest, investigate and prosecute public officers and private individuals involved in the criminal diversion of public fund belonging to state governments as The Court of Appeal entertained no difficulty in dismissing the objections.
Sections 6 and 46 of the Economic and Financial Crimes Commission (Establishment) Act has vested in EFCC the function and duty of investigating and prosecuting persons reasonably suspected to have committed economic and financial crimes.
Falana further said that For a person to rush to court to place a clog or shield against criminal investigation and prosecution is a clear interference with the powers given by law and the constitution to EFCC in the conduct of criminal investigation and prosecution. PUNCH