Federal High Court upholds the anti-graft agency’s preliminary objection, ending a protracted legal battle over its authority to investigate the state government’s financial activities.

The Federal High Court in Uyo, Akwa Ibom State, has dismissed a suit filed by the state government challenging the statutory powers of the Economic and Financial Crimes Commission (EFCC) to investigate its financial activities.

Justice M.A. Onyetenu dismissed the suit on Thursday, October 8, 2026, after upholding a preliminary objection filed by the EFCC’s legal team, which challenged the competence of the case.

The suit was instituted by the Akwa Ibom State Attorney-General and Commissioner for Justice at the time, Uwemedimo Nwoko, amid an investigation into allegations of the diversion of state resources.

The dispute dates back to 2016, when some indigenes of Akwa Ibom petitioned the EFCC over alleged diversion of public funds for purposes other than the welfare and development of the state.

Following the petition, the anti-graft agency commenced an investigation and invited some government officials for questioning.

Rather than honour the invitations, the officials approached the Akwa Ibom State High Court in Ikot Ekpene through the state Attorney-General, challenging the EFCC’s actions. The suit also involved other federal government agencies.

In the proceedings, the state government questioned the commission’s authority to investigate the state’s financial activities. While the case was still pending before the state High Court, the Attorney-General instituted a separate action at the Federal High Court.

On July 6, 2016, the state government obtained an interim restraining order from the late Justice F.O. Riman, barring the EFCC and other federal agencies from taking certain actions pending the determination of the substantive suit.

The state government subsequently relied on the order in challenging the commission’s attempts to invite government officials for questioning.

An appeal against the restraining order did not succeed, as the Court of Appeal directed the parties to return to the trial court and await the determination of the substantive matter.

However, the EFCC, through its counsel, Joshua Abolarin, filed a preliminary objection against the federal suit.

The commission argued that the action was incompetent because a similar suit involving the same dispute was already pending before the Akwa Ibom State High Court in Ikot Ekpene and had not been determined when the federal action was instituted.

In his ruling on October 8, Justice Onyetenu upheld the EFCC’s objection and dismissed the entire suit.

The decision marks a significant development in the prolonged legal dispute between the Akwa Ibom State Government and the anti-graft agency over the commission’s investigative authority.

However, the dismissal was based on the preliminary objection challenging the competence of the suit. The ruling, as presented, should not be interpreted as a determination of the underlying allegations of financial misconduct or as a definitive ruling on every aspect of the EFCC’s investigative powers.