Stalemate: EFCC Has No Right To Arrest, Prosecute State Governors After Their Tenure – Supreme Court rules.

The court also held that the EFCC has no power to look into the finances of states. Thus if a governor stole money from a state where he was governor, the EFCC has no power to prosecute that governor.

The governor can only be prosecuted by the attorney general of the state or the Nigerian police, or any other agency that is covered by the Criminal Code, Penal code, or any other law.

The federal government also can no longer use the EFCC to control the governors of the state and the federal government can no longer use the EFCC to persecute any politician that is not in its good book.

The apex Court, in a landmark judgment in Dr.Joseph Nwobike SAN Vs. Federal Republic of Nigeria, Appeal No. SC/CR/161/2020, told the anti graft agency that its powers to investigate and prosecute financial crimes under Section 46 of the EFCC Act was not at large.


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