EFCC to prosecute Wike, Amaechi, Odili – Magu

 

• Says Rivers second to Lagos in money laundering

The Economic and Financial Crimes Commission (EFCC) Tuesday expressed its determination to prosecute Rivers State Governor, Mr. Nyesom Wike as well as his predecessors, Mr. Chibuike Amaechi and Dr. Peter Odili, notwithstanding the perpetual court injunction restraining it from doing so.

EFCC acting Chairman, Mr. Ibrahim Magu, told reporters in Port Harcourt that the restraining order would not stand, according to THISDAY.

He also listed the state as second only to Lagos in money laundering.

Magu spoke against the backdrop of a petition aimed at stopping the ambition of Odili who was clearly the frontrunner in the People’s Democratic Party (PDP) presidential primaries in December 2006, on the premises of which the then EFCC Chairman, Nuhu Ribadu, arrested the then commissioner for finance and other top officials.

The petitioner had alleged that Odili as governor misappropriated N100 billion belonging to the state.

This led the state government to institute a suit against the anti-graft agency to challenge its powers to investigate the state, saying that only the state House of Assembly is constitutionally vested with such powers.

READ: EFCC raids Ambode’s house over N9.9 billion Lagos funds

The state government also challenged the EFCC powers and got subsisting judgments of the High Court of Rivers State and the Federal High Court barring the EFCC from investigating the finances of the state.

Justice Peter Agumagu of the Rivers State High Court on February 16, 2007, said by the combined effects of section 125 subsections (2), (5) and (6) of the 1999 Constitution, it was the Rivers State House of Assembly that had the final say on matters pertaining to the funds of the state as laid before it by the Auditor-General’s audit report of all public accounts and the Accountant-General’s financial statements and published annual accounts.

When the EFCC rejected the judgment because it was delivered by a state high court, the case was again filed at the Federal High Court where Justice Ibrahim Buba in line with the tenor of the judgment of the state High Court after upholding the judgment, made specific injunctive orders in its judgment delivered on March 20, 2007, restraining the EFCC from arresting Odili.

On the judgment restraining the commission from investigating and prosecuting Rivers governors on financial crimes, Magu said: “Nothing is going to stop us; even the issue of the court order allegedly obtained by Dr. Peter Odili and co to stop the EFCC from investigation and prosecution has been overtaken by events even though the matter is still at the Supreme Court.

“I am telling you that that judgment cannot stand; it will only take some time. It cannot hold and we are going to conclude the investigation. There are so many investigations we are doing; we will take it before the court; let the court refuse to prosecute their case. I am sure the matter has suffered for about 13 years now. We are going to test it. The matter is in the Supreme Court. We will follow it up.”

He stated that the court judgment restraining the commission from prosecuting the state governors had been overtaken by events and other declarations, adding that nothing would stop the commission again.