The anti-graft agency has been investigating state governor, Samuel Ortom, and his government over how he has spent on Benue's security since 2015, alleging that he diverted billions of naira under the guise of security votes.

The Benue State government had approached the court to challenge the EFCC's powers to investigate alleged fraud in states, noting that the anti-graft agency was overstepping its boundaries.

In an application filed by the government's legal representative, Emeka Etiaba, he requested that the EFCC's investigations into Benue's accounts be prohibited due to its illegality.

However, in a judgement read on Monday, October 8, 2018, Justice Nnamdi Dimgba ruled that the EFCC is legally empowered to investigate alleged fraud in any part of the country, according to its enabling act which does not limit its powers only to federal government agencies.

Throwing out Benue's application, he said, "Public institutions like the first defendant must not only be impartial or neutral, but must be seen to be so."

Etiaba disclosed after the ruling that the Benue State government will appeal the court's decision.

Ortom's alleged mismanagement of N21.3 billion

The investigation into the governor's handling of N21.3 billion started in 2016, but wasn't made public until Monday, July 30, 2018, barely a week after Ortom dumped the APC for the PDP.

According to the EFCC's report, Ortom ordered the withdrawal of N21.3bn from four government accounts between June 30, 2015 and March 2018.

Even though about N19 billion was earmarked to be paid to six security agencies that had been deployed to address the incessant clashes between herdsmen and farmers in the state, the EFCC disclosed that only N3 billion was paid with the rest unaccounted for.

The EFCC investigation also revealed that Governor Ortom failed to pay salaries despite withdrawing the sum of N1.3 billion for that purpose from the Joint State Local Government Account.