A Federal High Court in Abuja has dismissed a suit brought by former President Muhammadu Buhari’s son-in-law, Abubakar Ismaila Isa Funtua, seeking to stop the EFCC from investigating allegations of fraud and economic crimes allegedly committed by him.
Justice Emeka Nwite on Monday threw out the suit seeking to compel the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, to stop the anti-graft agency from the probe.
Mr Abubakar, who is married to one of the former president’s daughters, is the son of the late Malam Ismaila Isa Funtua, a close associate of Buhari and member of his kitchen cabinet.
The Isa Funtuas are the owners of Bulet International Construction Limited handling the multibillion naira Central Bank of Nigeria (CBN) car park extension project controversially awarded to it by the embattled ex-CBN governor Godwin Emefiele.
The judge dismissed the case because the request of Buhari’s son-in-law lacked merit and substance.
Delivering judgment in a fundamental rights enforcement suit against AGF and EFCC, Justice Nwite held that AGF has enormous power to take over proceedings in criminal matters but held that such enormous powers are not at large.
Justice Nwite said that under Section 43 of the EFCC Act 2004, the anti-graft agency was not under any obligation to take advice from any ministry or agency to drop its statutory powers to initiate an investigation into any alleged economic crimes.
The businessman had in his suit marked FHC/ABJ/CS/2024 sued the AGF and EFCC complaining of unlawful investigation into some business transactions involving him and others.
He alleged that EFCC was biased and mischievous in the ways and manners he was being investigated.
Specifically, he alleged that EFCC was acting the script of his business adversaries to cause investigation against him without telling him the nature of his offence or show any petition against him.
Isa subsequently asked Justice Nwite to issue an order of mandamus against the AGF to order EFCC to drop the investigation and direct any other security agency of the federal government to take over the investigation.
However, in his judgment, Justice Nwite held that Section 174 (3) of the 1999 Constitution upon which the case was predicated did not confer any power on the AGF to nominate any agency to conduct investigation into economic crimes or financial breaches.
The judge held that in exercise of its statutory duties, the EFCC was not under any obligation to obey directive from any ministry of government department.
Justice Nwite said that Section 43 of the EFCC Act 2004, has no ambiguity to the fact that the anti-graft agency shall have powers to initiate investigation into alleged economic crimes and initiate prosecution of those indicted in the process.
He subsequently dismissed the suit for want of merit and substance.
