Court Voids EFCC Probe Report On London/Paris Club Refunds

Court Voids EFCC Probe Report on London/Paris Club Refunds

A High Court of the Federal Capital Territory (FCT), sitting in Garki, Abuja, has nullified an investigation report by the Economic and Financial Crimes Commission EFCC which alleged fraud in the disbursement of London/Paris Club refunds involving Nigeria’s 774 local government areas. Justice Suleiman Belgore, who delivered the judgment on Tuesday, faulted the Federal Government for directing the anti-graft agency to investigate the matter despite previous court judgments concerning payments to Abuja-based lawyer, Dr. Ted Iseghohi-Edwards. The judge held that the government acted beyond its powers by directing the EFCC, through the Office of the Attorney-General of the Federation, to investigate matters that had already been determined by courts of competent jurisdiction. The case arose from allegations of fraud surrounding payments to Iseghohi-Edwards, who was retained by the Incorporated Trustees of the Association of Local Governments of Nigeria ALGON to represent the country’s 774 local government areas in matters relating to the London/Paris Club refunds. Court Faults EFCC’s Investigation the judgment, Justice Belgore set aside the EFCC report dated August 14, 2024, which accused the lawyer of fraud in connection with the refunds.The court held that the report contradicted earlier investigations conducted by the EFCC and the Department of State Services DSS in 2016, which had cleared the lawyer of wrongdoing. The judge described the 2024 report as an attempt to damage the applicant’s reputation, questioning the legal basis for reopening the matter after earlier investigations and judicial decisions. He further held that the appropriate course of action for the Federal Government, if it believed the earlier judgments were improperly obtained, was to challenge them through the established judicial process rather than subject them to a fresh executive investigation. Justice Belgore stressed that government agencies must respect court judgments and cannot undermine their authority through administrative actions. The court also upheld the validity of 10 promissory notes issued to Iseghohi-Edwards under the administration of former President Muhammadu Buhari. The notes were issued in compliance with an order of mandamus made against the Federal Government by a Federal High Court. Justice Belgore found evidence of a valid contractual relationship between the lawyer and ALGON, noting that their terms of engagement had been renegotiated in open court on September 15, 2016. He faulted the EFCC and the Attorney-General of the Federation for investigating the validity of court-ordered payments instead of pursuing the appropriate legal remedies. Iseghohi-Edwards had filed a fundamental rights enforcement suit against the EFCC, the Attorney-General of the Federation, the Inspector-General of Police and the Federal Republic of Nigeria following his arrest, detention and alleged threats of further arrest and prosecution. Justice Belgore granted 20 of the 21 reliefs sought by the applicant. The court restrained the respondents and their agents from further investigating, inviting, arresting, harassing, detaining or prosecuting him over the same London/Paris Club refunds dispute. It also issued a perpetual injunction against actions intended to criminalise or undermine judgments already delivered by courts of competent jurisdiction in relation to the matter. The ruling underscores the need for government agencies to operate within the law and respect judicial decisions when investigating allegations involving matters already adjudicated by the courts.