The Kano State Government has dragged the Federal Government before a Kano High Court over what it described as harassment and intimidation of the state Anti-Corruption Commission (PCACC) by three federal agencies.
This was sequel to an invitation sent to the PCACC and its officials by the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices Commission (ICPC), and Code of Conduct Bureau (CCB) to answer questions over the administration of the commission from 2011 to date.
In an Experte Order, the court presided over by Justice Farouk Adamu ordered the federal agencies and their agents to stop questioning or investigating PCACC officials.
The court also ordered the agencies to stop meddling into the matters of the anti-graft agency.
The order with suit no K/M1128/2023 further advised all the parties involved in the case to maintain status quo.
The case was instituted by the Attorney-General of Kano State, PCACC, and Muhuyi Rimingado (as first, second, and third plaintiffs) against the EFCC, CCB, and ICPC (as first, second, and third defendants).
The Court also declared that: “By virtue of the Supreme Court decision in Nwobike vs FRN, the powers of the EFCC and other respondents to investigate alleged financial crimes is not at large and does not transcends all boundaries.
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“The scope of the powers of the EFCC are not open-ended and indefinable and does not include the powers to investigate alleged infractions committed at state levels where there are relevant penal provision.
“The purpose of acts enabling the creation of the respondents to investigate alleged administrative malfeasance or financial crimes is not to make a pigmy or to render other similar agencies and relevant penal legislations at state level ineffective, moribund, inapplicable or redundant.
“The EFCC, ICPC, and Code of Conduct Bureau cannot arbitrarily meddle or interlope into the affairs of the office of the Attorney-General or any other agency, department or parastatal under his supervision without recourse to the Hon. Attorney-General as the head of the Department or Chief Law Officer of the State.
“The EFCC or any of the respondents are not empowered by their enabling laws to investigate financial crimes allegedly committed in respect of the finances, administrative structure and properties of state governments based on faceless, vague and nebulous complaints by meddlesome interlopers.”
In the originating summons, the court ordered that: “Let the defendants within five days after service of this summons on them inclusive of the day of such service cause an appearance to be entered for them to this summons which was issued upon the application of Attorney-General of Kano State, Kano State Public Complaints and Anti-Corruption Commission, and Barrister Muhuyi Magaji Rimin Gado seeking for the determination of the following questions:-
“Whether in view of the Supreme Court decision in Nwobike vs FRN, the powers of the EFCC to investigate alleged financial crimes is at large and transcends all boundaries?
“Whether the scope of the powers of the EFCC are open-ended and indefinable and includes powers to investigate alleged infractions committed at state levels despite relevant penal provisions.”
In his reaction, the chairman of the state anti-graft agency says nothing would deter the commission from carrying out its constitutional duties.
Rimingado said no “amount of blackmail and smear campaign” would deter the commission from performing its lawful mandate, adding that the anti-corruption fight was in the best interest of the state and country.
The PCACC chairman further accused some “corrupt” public officers in Kano State of frustrating the commission, saying: “The recent intimidations and smear campaigns against the commission are the handiwork of people with skeletons in their cupboard.
“We will not cut corners and we will strictly adhere to the rule of law. We are committed to ridding the state of corrupt public officers.”
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