Supreme Court clears EFCC to probe former Rivers governor Peter Odili

In a landmark decision, the Supreme Court of Nigeria has dismissed appeals filed by the Rivers State Attorney General and the Speaker of the State House of Assembly, granting the Economic and Financial Crimes Commission (EFCC) the authority to investigate the tenure of former Rivers State Governor, Peter Odili.

Delivered on Monday, March 10, 2025, the ruling saw a five-member panel, led by Justice John Okoro, uphold the Court of Appeal’s decision, which lifted a long-standing perpetual injunction that had previously prevented the EFCC from probing Odili’s administration.

This pivotal ruling opens the door for the EFCC to investigate alleged financial misconduct during Odili’s time in office, marking a significant development in Nigeria’s ongoing battle against corruption.

Odili, who governed Rivers State from 1999 to 2007, secured the controversial injunction from the Federal High Court in Port Harcourt in 2007, preventing the EFCC from investigating, arresting, or prosecuting him, as well as scrutinising the state’s finances during his tenure.

The EFCC has fought to overturn the injunction since 2008, but the legal blockade had shielded Odili from its investigations for nearly two decades.

In 2018, the Court of Appeal granted the EFCC’s request to challenge the Federal High Court’s ruling. However, the Rivers State Attorney General and the Speaker of the House of Assembly sought to nullify the appellate court’s decision by filing separate appeals at the Supreme Court.

A statement released on Tuesday by the EFCC’s Head of Media and Publicity, Dele Oyewale, said that during the proceedings at the Supreme Court on Monday, Justice Okoro questioned the nature of the appeals, describing them as interlocutory and not the kind of cases the apex court hears at this stage.

“The litigants’ lawyer, S. A. Somiari, SAN, argued that the appeal challenged the leave granted by the Court of Appeal for the EFCC to appeal the 2007 injunction. Justice Okoro, however, interjected, stating, ‘This is not the type of appeal we hear here,’ and advised the parties to return to the Court of Appeal to have the substantive appeal heard before approaching the Supreme Court.”

Recognising the court’s position, Somiari applied to withdraw the appeal, while the EFCC’s legal team, led by Abubakar Mahmud, SAN, alongside Sylvanus Tahir, SAN, and B. O. Obialo, did not oppose the withdrawal.

The Supreme Court subsequently dismissed the appeal.

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

He also stated that a similar appeal, filed by the Speaker of the Rivers State House of Assembly, was dismissed on the same grounds.