Posted by By Tobi Soniyi and Oluynka Akintunde, Abuja on
The Economic and Financial Crimes Commission has summoned four commissioners in Benue State in connection with multimillion contracts awarded by the state.
The Economic and Financial Crimes Commission has summoned four commissioners in Benue State in connection with multimillion contracts awarded by the state.
They are also being invited over the expenditure of the ecological funds received from the Federal Government from May 1999 to August 2006.
The letter of invitation, written by Mr. Ibrahim Mangu on behalf of the commission‘s Chairman, Mallam Nuhu Ribadu, was dated July 31, 2006 and addressed to the Benue. State Police Commissioner.
It also requested the accountant-general of the state, the chief executive of the Benue State Scholarship Board, the permanent secretary, Ministry of Water Resources and Environment; the director of administration and finance, Ministry of Local Government and Chieftaincy Affairs; the director, Monitoring and Inspection, Ministry of Local Government and Chieftaincy Affairs; and the Deputy Director in the Accountant-Generals office to appear before it.
According to the letter, the Benue State Government‘s officials were summoned concerning investigation into alleged case of criminal conspiracy, abuse of office, corrupt practices, diversion of public funds and money laundering allegedly perpetuated by them.
The letter requested the officials to come with the following documents: (a) details of utilisation of ecological funds received from the Federal Government from May 1999 to date; (b) copies of all the supporting documents in respect of the requests for ecological funds; and (c) particulars of all contractors and the present status of the contracts showing clearly the location of the contracts, contract sum, payments made to contractors, including supporting documents for such payments.
The commission also asked the officials to produce details of all statutory payments to local governments, showing clearly the allowable deductions and actual payment to each local government on monthly basis from 1999 to date.
In addition, the affected officials are to produce details of all scholarship payments made to 20 Benue State indigenes facilitated by the Nigerian Ambassador to Mexico.
The Benue State Government has, however, filed a suit at the Supreme Court challenging the power of the EFCC to arrest the state‘s commissioners.
The state is invoking the original jurisdiction of the apex court and has hired Chief Wole Olanipekun (SAN) to argue its case.
The state is asking the court to declare that the National Assembly cannot lawfully pass an Act in respect of criminal matters made applicable to Benue State to interfere with the powers vested in the state by section 211 (1) of the 1999 Constitution.
It also asked for, "A declaration that in so far as the EFCC (Establishment) Act 2004 purports to exclude, remove, jettison or interfere with the constitutional and age-long statutory powers of the Benue State Government to institute and undertake criminal proceedings against any person before any court of law in Nigeria in respect of any offence created by or under any law of the House of Assembly of Benue State."
The state asked the court to declare that the arrest of its commissioners by the EFCC on allegations of corruption was over and above the powers of the commission.
It also asked the court that all retroactive powers conferred on the EFCC were of no effect.
It sought a declaration that the EFCC‘s powers should be restricted to dealing with federal public officers and not officials of states.
Lastly, it asked the court to issue a perpetual injunction restraining the Federal Government and the EFCC from applying the EFCC Act of 2004 in Benue State under any matter whatsoever.