The Court of Appeal sitting in Port Harcourt has upheld a 2007 Rivers State High Court judgment restraining the Economic and Financial Crimes Commission (EFCC) from investigating the finances and public accounts of the Rivers State Government.
Delivering judgment on Friday in appeal No. CA/PH/622/2008, a three-member panel of justices held that the earlier ruling remains valid and binding, having not been successfully challenged on appeal.
The panel comprised Justices Ugochukwu Ogakwu, Isah Gafai, and Zainab Abubakar, in a case involving the EFCC and respondents including the Attorney General of Rivers State, the State House of Assembly, its Clerk, and former Governor Peter Odili.
Reading the lead judgment, Justice Ogakwu held that the anti-graft agency could not ignore the 2007 decision nearly two decades after it was delivered.
He stated that since no appeal was filed against the Rivers State High Court ruling, it remains conclusive and binding, adding that its constitutional interpretation stands, whether right or wrong, because it was never challenged at a higher court.
The dispute originated from a February 16, 2007 judgment of the Rivers State High Court, which held that only the State House of Assembly, the Accountant-General, and the Auditor-General have constitutional authority to scrutinise the state’s finances.
The court relied on several provisions of the 1999 Constitution, including Sections 120 to 128, and consequently barred the EFCC from investigating the state’s accounts.
The case is tied to a long-running legal battle over attempts by the EFCC to probe the administration of Odili, who governed Rivers State between 1999 and 2007. He had earlier obtained a perpetual injunction preventing his arrest, prosecution, and investigation by the commission.
Although the EFCC had challenged the injunction in 2008, the matter remained unresolved for years, effectively shielding the former governor from investigation.
In 2018, the Court of Appeal granted leave for the EFCC to challenge the Federal High Court decision, but the matter later stalled after parties approached the Supreme Court.
In March 2025, the Supreme Court dismissed related appeals after they were withdrawn, advising parties to return to the appellate court for hearing of the substantive matter.
However, the Court of Appeal ruled on Friday that the 2007 High Court judgment still stands, since it was never directly set aside on appeal.
The court further held that the EFCC could not rely on its establishing law to override a subsisting constitutional interpretation made by a competent court, stressing the supremacy of the Constitution over any statute.
The EFCC spokesperson, Dele Oyewale, declined to comment when contacted.
Reacting to the ruling, former Chairman of the National Human Rights Commission, Chidi Odinkalu, said the judgment could have wider implications for anti-corruption enforcement across the country.
He noted that other states may attempt to rely on the ruling, warning it could weaken federal investigative reach while encouraging abuse of public funds under legal cover.
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