Former President of the Nigerian Bar Association
(NBA), Chief Onueze Okocha (SAN), has declared that it is unlawful for the
Economic and Financial Crimes Commission (EFCC) to invade a state and commence
unilateral investigations of its finances.
Speaking during a ‘Special Appearance’ on African
Independent Television's (AIT) Morning Magazine Programme, Kaakaki, monitored
in Port Harcourt last Wednesday, Okocha noted that the state House of Assembly
has oversight functions over a state governor.
He said: "The state House of Assembly has
oversight functions over the governor of Rivers State. What is the business of
the EFCC in a state because we are in a federation? We are not a primary school
administered by a headmaster. It is totally unlawful."
He added: "We have a proverb that if I have my
money and I want to use it to buy groundnut, it is not your business. What is
the business of the EFCC? Is the money of Rivers State the money of the federal
government?”
The senior advocate said monetary transactions by
the Rivers State Government would not lead to any misfortune for the federal government
to warrant the invasion of Rivers State by EFCC.
"What economic misfortune will the spending of
Rivers State money bring to the federal government? It is totally unlawful,”
Okocha said.
He also said it was illegal for the EFCC to freeze
the accounts of Akwa Ibom and Benue States, adding that the focus on Rivers
State is totally unlawful.
According to him, “We have a federal system of government.
What that indicates is that a measure of self-government is given to the
states.
"They receive their funds direct from the
federation account. They control and disburse their funds in accordance with
the appropriation laws made by the Houses of Assembly of the states.
"And they are perfectly entitled to deal with
the funds as whoever is the state chief executive sees fit. What will you say
if tomorrow you hear that EFCC has frozen the account of the federal government
because it wants to investigate whether the federal government or the president
exceeded the limit of spending? It is unheard of.”
Okocha noted that there is a court pronouncement in
2007 during the administration of Dr. Peter Odili that the EFCC has no business
investigating the state, adding that nearly 11 years after, EFCC has not
successfully appealed against the judgment.
The former NBA leader noted that the attacks by
EFCC may be geared towards crippling the states by the federal government.
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