Supreme Court Clears EFCC to Probe Odili’s Tenure as Governor

The Supreme Court of Nigeria has dismissed appeals filed by the Rivers State Attorney General and the Speaker of the State House of Assembly, clearing the way for the Economic and Financial Crimes Commission (EFCC) to investigate former Governor Peter Odili’s administration.

A five-member panel of the apex court, led by Justice John Okoro, struck out the appeals challenging the Court of Appeal’s decision to allow the EFCC to contest a 2007 order of perpetual injunction barring the commission from probing Odili’s tenure. 

The ruling effectively ends a nearly two-decade-long legal battle that shielded the former governor from scrutiny.

The dispute dates back to 2007 when Odili, who governed Rivers State from 1999 to 2007, obtained an order from the Federal High Court in Port Harcourt preventing the EFCC from investigating, arresting, or prosecuting him. 

The injunction also prohibited the anti-graft agency from examining the state’s finances under his administration.

Though the EFCC has sought to overturn the injunction since 2008, it remained in force, blocking any investigative action. 

In 2018, the Court of Appeal granted the commission leave to appeal the ruling, prompting fresh legal action from the Rivers State government.

At the Supreme Court hearing on Monday, Justice Okoro questioned the basis of the appeals, describing them as interlocutory. 

The appellants’ counsel, S. A. Somiari, SAN, argued that the case challenged the Court of Appeal’s decision to permit the EFCC’s appeal against the injunction. 

However, Justice Okoro advised that the matter should first be resolved at the appellate court before reaching the Supreme Court.

Following the court’s position, Somiari withdrew the appeal, which the EFCC’s legal team led by Abubakar Mahmud, SAN, alongside Sylvanus Tahir, SAN, and B. O. Obialo did not oppose. 

Consequently, Justice Okoro dismissed the appeal, stating, “The appeal is dismissed, having been withdrawn without any objection.”

A similar appeal filed by the Rivers State House of Assembly Speaker was also dismissed on the same grounds.

Following the ruling, the EFCC is now legally empowered to proceed with its long-delayed investigation into Odili’s tenure as governor of the oil-rich state.