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In a landmark ruling that reaffirmed the supremacy of the Constitution and the principles of due process, a Federal High Court sitting in Ibadan, Oyo State, on Wednesday, July 22, 2026, restrained the Economic and Financial Crimes Commission, EFCC, from proceeding with what it described as a “speculative and roving investigation” into the finances of the Oyo State Government.
Delivering judgment in suit No. FHC/IB/CS/61/2025 instituted by the Oyo State Government, His Lordship, Justice Nkeonye Maha, held that while the EFCC possesses statutory powers to investigate financial crimes, such powers must be exercised strictly within constitutional boundaries and cannot be used to embark on generalised, evidence-free inquiries.
The Court specifically set aside the EFCC’s letter dated June 2, 2025, addressed to the Oyo State Accountant General, in which the Commission demanded voluminous documents including copies of all state contracts and details of all payments to contractors from 2021 to the date of the letter.
Justice Maha described the EFCC’s request as a classic “fishing expedition” that violated the constitutional right of the plaintiffs to fair hearing and imposed an oppressive burden on the state.
“The powers of the EFCC, though broad, are not absolute. They must be exercised reasonably and in accordance with the law,” the Court held. “An investigation must be anchored on specific allegations and credible evidence. The Commission cannot embark on a blanket probe without particularising the offences or persons under investigation.”
The legal action was initiated by the Oyo State Government through the Governor of Oyo State, the Attorney General of Oyo State, and the Accountant General of Oyo State, following the EFCC’s sweeping demand for financial records.
In its letter of June 2, 2025, the Commission requested extensive documentation covering several years of government transactions without specifying any contractor, company, or alleged offence.
In response, the Oyo State Government, through the Office of the Attorney General, wrote to the EFCC seeking clarification on the specific individuals or entities under investigation to enable the government to provide targeted and relevant documents. When the Commission failed to respond, the state approached the court to seek judicial intervention.
Arguing the case for the plaintiffs, the Attorney General of Oyo State and Commissioner for Justice, Barrister Abiodun Aikomo, submitted that the EFCC’s demand was unreasonable, unduly burdensome, and constituted an abuse of process. He maintained that investigative powers, no matter how statutory, are subject to constitutional limitations and cannot override the fundamental rights of citizens and governments.
According to the plaintiffs, any investigation by a law enforcement agency must be evidence-driven, targeted, and in compliance with the Rule of Law, rather than a roving inquiry designed to search for infractions without basis.
Counsel to the EFCC, I.G. Ojibor, with S. Adamu, relied on Section 38 of the EFCC Establishment Act, 2004, arguing that the provision empowers the Commission to demand information from any authority or person without hindrance, and therefore justifies a blanket review of state finances.
However, in her judgment, Justice Maha disagreed with the Commission’s interpretation. The Court held that Section 38 of the EFCC Act only empowers the Commission to demand information in the course of investigating specific offences under the Act, not for speculative or generalised probes.
“In conclusion, this Court declares that any request for information by the EFCC must be reasonable, specific, and tied to particular allegations of financial crime,” Justice Maha ruled. “The letter dated June 2, 2025, is hereby set aside.”
Legal and political observers described the judgment as a significant reinforcement of federalism, due process, and the protection of sub-national governments from arbitrary administrative actions.
The ruling also underscores the Oyo State Government’s commitment to transparency and accountability while insisting that oversight must be conducted within the ambit of the law.
The Oyo State Government reaffirmed its readiness to cooperate with all relevant anti-corruption agencies in the investigation of any specific allegation of financial impropriety, provided such requests are lawful, reasonable, and evidence-based.
The government further noted that the judgment does not in any way impede the fight against corruption, but rather strengthens it by ensuring that investigations are professional, targeted, and respectful of constitutional order.
Signed
Dr. Sulaimon Olanrewaju
Special Adviser (Media) to the Governor of Oyo State
July 22, 2026
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