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 anti-graft agency’s planned probe was speculative and amounted to a fishing expedition.
Justice Nkeonye Maha, who delivered the judgment on Wednesday in suit number FHC/IB/CS/61/2025, held that although the EFCC possesses statutory powers to investigate financial crimes, such powers must be exercised within the confines of the Constitution and the rule of law.
The court specifically faulted the Commission’s proposed investigation, particularly the demands contained in its June 2, 2025 letter to the Oyo State Government, holding that the requests were not anchored on any specific allegation of wrongdoing.
According to Justice Maha, “the EFCC’s proposed investigation into Oyo State’s finances, particularly the demands contained in its letter of June 2, 2025, was speculative and amounted to a fishing expedition.”
The judge also held that the constitutional rights of the plaintiffs to fair hearing could not be violated under the guise of an investigation.
The legal battle arose after the EFCC wrote to the Oyo State Accountant-General requesting copies of all contracts executed by the state government, alongside details of transactions and payments made to contractors from 2021 up to the date of the letter.
According to the Oyo State Government, it subsequently asked the EFCC to identify the specific contractors or companies under investigation so that it could provide the relevant documents.
However, the anti-graft agency reportedly failed to respond to the request, prompting the state government to institute legal proceedings.
The plaintiffs, Oyo State Governor, the state’s Attorney-General and the Accountant-General, through their counsel led by Attorney-General Abiodun Aikomo, argued that the EFCC’s sweeping request covering several years was excessive, burdensome and unreasonable.
They contended that while the EFCC has investigative powers under the law, those powers are subject to constitutional safeguards and cannot be used to conduct broad, indiscriminate inquiries without identifiable allegations of criminal conduct.
According to the plaintiffs, investigations by the Commission must be based on credible evidence and specific offences rather than general searches aimed at discovering possible infractions.
Counsel to the EFCC, I.G. Ojibor, who appeared with S. Adamu, relied on Section 38 of the EFCC (Establishment) Act, 2004, arguing that the provision empowers the Commission to demand information from individuals, government authorities, corporations and companies in the course of investigations.
The EFCC maintained that the provision authorised it to seek the requested documents and conduct a broad investigation into the state’s finances.
But Justice Maha rejected the Commission’s argument and set aside the EFCC’s June 2, 2025 letter.
The court ruled that any request for information by the anti-graft agency must be reasonable and directly connected to specific allegations of offences.
“Section 38 of the EFCC Act empowers the Commission to demand information only for the investigation of offences under the Act, not for speculative or roving inquiries,” the judge held.
Consequently, the court restrained the EFCC from proceeding with the proposed investigation based on the disputed letter, stressing that the Commission cannot exercise its investigative powers through indiscriminate requests unsupported by specific allegations of wrongdoing.
