Justice M.A. Onyetenu of the Federal High Court sitting in Uyo, Akwa Ibom State, has dismissed a suit filed by the State’s Attorney General and Commissioner of Justice in 2017, Uwemedimo Nwoko, challenging the statutory powers of the Economic and Financial Crimes Commission, EFCC, to investigate the financial activities of the state government.
Delivering the landmark judgment on Thursday, October 8, 2026, Justice Onyetenu hinged the ruling on the preliminary objection filed by the Commission’s legal team.
The case originated in 2016 when some indigenes of the state petitioned the Office of the Executive Chairman of the EFCC over alleged diversion of state resources for purposes other than the welfare and development of the state.
The Commission then commenced an investigation into the matter and subsequently invited some government officials for questioning. But rather than honouring the invitation, the officials approached the Akwa Ibom State High Court, Ikot Ekpene, through the state Attorney-General, challenging the Commission’s actions.
The suit also joined other federal government agencies.
In the suit, the Attorney-General challenged the Commission’s authority to investigate the financial activities of the state government. While the matter was pending before the State High Court, the Attorney-General instituted another suit at the Federal High Court.
The Attorney-General further obtained an interim restraining order on July 6, 2016, from the late Honourable Justice F.O. Riman, restraining the Commission and other federal government agencies pending the determination of the case.
The order was subsequently relied upon to challenge the Commission’s attempts to invite state officials for questioning. An appeal against the restraining order was unsuccessful, as the Court of Appeal directed the parties to return to the trial court and await the determination of the substantive suit.
In response, the EFCC’s counsel, Joshua Abolarin, filed a preliminary objection challenging the competence of the suit. The objection was predicated on the fact that a similar suit instituted before the Akwa Ibom State High Court, Ikot Ekpene, remained pending and had not been determined before the commencement of the federal suit.
Delivering his ruling on October 8, 2026, Justice Onyetenu upheld the preliminary objection and dismissed the entire suit.
The ruling marks a significant legal development in the protracted dispute over the Commission’s investigative powers in relation to the financial activities of the Akwa Ibom State Government.
