A Bauchi State High Court has dismissed a suit filed by Alhaji Hamza Koshe and his company, Pentech Engineering Nigeria Ltd, seeking to stop the Economic and Financial Crimes Commission (EFCC) from investigating and prosecuting them.
In a ruling delivered on July 30, 2025, Justice Aliyu Baba Usman held that no court has the power to issue a perpetual injunction that would stop law enforcement agencies like the EFCC or the Independent Corrupt Practices and Other Related Offences Commission (ICPC) from performing their constitutional duties.
“The court cannot, by perpetual order or any other means, stop the EFCC or ICPC from performing their legitimate functions of investigation and prosecution of money laundering, corruption, economic and financial crimes, or other related offences,” Justice Usman ruled.
The legal action by Koshe and his firm was filed on September 23, 2024. In their 31-paragraph affidavit, they asked the court to restrain the EFCC, the ICPC, or their agents from investigating or taking any legal action against them over a contract financing agreement involving the Bauchi State Ministry of Finance (Treasury Division).
Instead of honouring an earlier EFCC invitation for questioning, Koshe took the matter to court, seeking to block the anti-graft agency from carrying out its investigation.
But Justice Usman said the move to seek protection from lawful investigation was premature and without legal merit. The judge emphasized that such requests could set a dangerous precedent and undermine the fight against corruption in the country.
The EFCC, established in 2003, is Nigeria’s main anti-corruption agency, with powers to investigate and prosecute cases of economic and financial crimes. The agency has, over the years, faced challenges from suspects who often rush to courts to get restraining orders.
In many such cases, the courts have reaffirmed that the EFCC must be allowed to do its job without undue interference.
With the dismissal of the suit, the EFCC is now free to proceed with its investigation into the contract deal between Koshe’s company and the Bauchi State Government. While details of the contract and the alleged irregularities were not made public in court, sources say the commission is looking into possible misuse of public funds. The ruling has been welcomed by civil society groups and anti-corruption advocates who say it sends a strong message to those attempting to evade accountability through court processes
