The judgment of Justice Folasade Olubanjo of the Federal Excessive Court docket in Asaba dismissing the swimsuit filed by the Delta State Authorities to cease the Impartial Corrupt Practices and Different Associated Offences Fee (ICPC) and the Financial and Monetary Crimes Fee (EFCC) from probing the state’s spending is an effective choice to many Nigerians who need accountability on the state degree.
The courtroom gave the judgment within the swimsuit filed by the Lawyer Basic of Delta State difficult the powers of the 2 anti-corruption companies to research the state authorities’s funds and invite the state officers for interviews in the middle of investigations.
The state authorities had requested the courtroom to amongst different issues declare that by advantage of the provisions of Part 120, 121, 122, 123 & 125 of the Structure of the Federal Republic of Nigeria (as amended), no authority or particular person apart from the state authorities, the state home of meeting, and the auditor-general of the state has the constitutional mandate to train energy or management over the funds standing to the credit score of Delta State within the Consolidated Income Fund or every other state public funds.
However Justice Olubanjo disagreed, upholding the powers of the anti-graft companies to research and prosecute state officers who allegedly interact in corrupt acts. She held that the sister organisations whose core mandates are mainly the identical don’t in any approach violate the precept of federalism and separation of powers embodied within the Structure.
The decide held that Nigeria practices cooperative federalism; and as such the struggle towards corruption is a operate of each the states and the federal authorities. She additional famous that the problems earlier than the courtroom had been settled in a plethora of appellate selections, amongst which is the Supreme Court docket judgment in AG Ondo State vs AG Federation & 36 others.
Many state governors being the emperors that they’re, after being accused of corruption, had used their state Excessive Courts to stop the anti-graft companies from probing them, thereby crippling their powers.
Even the state Homes of Meeting and the auditors-general which they claimed have the constitutional powers to probe the states are the rubber stamps of those governors. That is why the choice of the Federal Excessive Court docket is necessary.
