A Federal High Court in Ibadan has restrained the Economic and Financial Crimes Commission (EFCC) from proceeding with its planned investigation into the finances of the Oyo State Government, ruling that the agency’s request for financial records lacked a valid legal foundation.
Delivering judgment, Justice Nkeonye Maha described the EFCC’s request as a speculative “fishing expedition” rather than an investigation based on specific allegations of financial misconduct.
The court also set aside the commission’s June 2, 2025 letter to the Oyo State Accountant-General, which demanded extensive financial records from the state government.
The ruling followed a suit filed by Governor Seyi Makinde, the Oyo State Attorney-General and the Accountant-General, who challenged the legality of the EFCC’s request.
According to a statement issued by the governor’s Special Adviser on Media, Sulaimon Olanrewaju, the court affirmed that while the EFCC has the statutory power to investigate financial crimes, those powers must be exercised in accordance with the Constitution and the rule of law.
Justice Maha ruled that requests for documents must be reasonable and tied to identifiable allegations of wrongdoing. The judge noted that Section 38 of the EFCC Act authorises the commission to obtain information only for the purpose of investigating offences under the Act and does not permit broad or speculative inquiries into government finances.
The court found that the EFCC’s request was overly broad and lacked the level of specificity required to justify such an extensive demand for official records.
According to Olanrewaju, the judge also held that the constitutional right of the plaintiffs to a fair hearing could not be violated under the guise of an investigation.
The dispute arose after the EFCC requested copies of all contracts awarded by the Oyo State Government, along with details of payments made to contractors from 2021 up to the date of the request.
The state government argued that the demand was oppressive, unreasonable and excessively wide, given the volume of contracts awarded during the period.
Represented by the Oyo State Attorney-General, Abiodun Aikomo, the government maintained that although the EFCC has investigative powers, those powers are subject to constitutional safeguards and cannot override the right to a fair hearing. It further argued that anti-corruption investigations should be based on credible allegations and evidence rather than sweeping requests covering years of government transactions.
The statement added that the state government had earlier written to the EFCC, asking the commission to identify the contractors or companies under investigation so that the relevant documents could be made available. However, after receiving no response, it proceeded to file the suit.
In its defence, the EFCC argued that Section 38 of its establishing Act empowers it to demand information from individuals, public institutions, corporations and other organisations during investigations.
The court, however, rejected that argument, ruling that the commission’s investigative powers are not unlimited and must be exercised within constitutional limits. Justice Maha further held that law enforcement agencies must establish a legitimate basis for an investigation before compelling the production of official documents.
