Why EFCC can no longer prosecute governors for corruption

In December 2021, a Supreme Court sitting in Lagos ruled that members of the Economic and Financial Crime Commission of Nigeria (EFCC) could no longer prosecute Governors Of Nigeria. The court also stated that they could not also arrest any Governor after his tenure.

This particular decision was made in the case of Dr. Joseph Nwobike SAN vs. the federal republic of Nigeria. In addition, the court states that the Anti-graft commission could only investigate matters concerning corruption, and this corruption was cases involving the movement of cash from Nigeria to any other foreign country and any other corruption cases involving federal finances.

Since the Economic and Financial Crime Commission of Nigeria (EFCC) has no power to look into the finances of a state, they can not prosecute any governor who stole money from the state. The governors of Nigeria can only be prosecuted by the Attorney General or any other agency that the criminal code or penal code covers. So, therefore, the anti-graft agency can no longer stay under the umbrella of Section 46, 12, and 18 of the Economic and Financial Crime Commission of Nigeria (EFCC) 2004 to prosecute all kinds of cases whether emanating from the state or federal government.

It was also established that the federal government can not use the Economic and Financial Crime Commission of Nigeria (EFCC) to control or prosecute any governor anymore. The ruling in that case also established that any previous matter being prosecuted by the anti-graft agency would be taken over by the Police or Attorney General. In conclusion, the Economic and Financial Crime Commission of Nigeria (EFCC) can no longer investigate any government contractors or any other person that was complicit in the embezzlement of public funds. The powers of the anti-graft agency are now being regulated.