A major legal blow has hit the Economic and Financial Crimes Commission (EFCC) after the Court of Appeal in Ado-Ekiti barred the agency from inviting or investigating former Ekiti State Governor Kayode Fayemi and other officials over allegations linked to the controversial Ekiti Airport Project.
In a landmark judgment delivered on May 8, 2026, the appellate court issued a perpetual injunction stopping the EFCC from probing Fayemi, the Ekiti State Attorney-General, former Commissioner for Finance, Accountant-General and other present and past government officials over issues relating to the state’s finances.
The unanimous judgment, delivered by Justice Peter O. Affen, held that the anti-corruption agency lacked the legal powers to continue the investigation because of an earlier court decision restricting its authority over the state’s public accounts.
The court ruled that the EFCC could not use provisions of its establishing law to override an existing constitutional interpretation already made by a competent court.
The legal battle followed an EFCC investigation into allegations of money laundering, contract inflation, abuse of office and alleged diversion of funds connected to the Ekiti Airport Project executed during Fayemi’s administration.
Although an earlier Federal High Court ruling had stopped the EFCC from compelling Fayemi to carry placards containing criminal allegations before any conviction, the court had declined to completely stop the investigation.
Fayemi and other appellants, dissatisfied with that decision, approached the Court of Appeal through their lawyer, Chief R.O. Balogun (SAN), seeking broader protection from the EFCC probe.
Delivering judgment, Justice Affen held that the commission could not continue with investigative actions after an earlier court decision had already limited its powers regarding the state’s financial affairs.
The court stated that if the EFCC disagreed with the previous ruling, the proper step was to appeal against it rather than proceed as though the judgment did not exist.
The appellate court further held that the constitutional responsibility for auditing and investigating Ekiti State’s public accounts rests with the state Auditor-General and the Ekiti State House of Assembly.
It consequently granted the reliefs earlier rejected by the trial court, effectively shutting down the EFCC’s investigation into the disputed matters.
Airport Project Under EFCC Spotlight
The controversy began in 2022 when the EFCC commenced what it described as discreet investigations into alleged financial irregularities surrounding the Ekiti Airport Project.
The probe intensified after the Ekiti Patriotic Consultative Forum submitted a petition to the commission in May 2023, accusing Fayemi and other officials of abuse of office, contract inflation and alleged diversion of public funds.
The petition prompted the EFCC to invite Fayemi for questioning and request financial documents relating to state appropriations, federal allocations, tax refunds and internally generated revenue.
However, the Ekiti State Government challenged the move, citing an earlier Federal High Court judgment which it argued prevented the EFCC from investigating the state’s public finances.
The dispute eventually reached the Court of Appeal, which has now ruled in favour of Fayemi and the other appellants.
N49.7bn Airport Project Stirs Controversy
The Ekiti Airport Project, executed by China Civil Engineering Construction Corporation (CCECC), has remained a subject of public debate since its completion.
The airport was officially inaugurated on October 15, 2022, after the first aircraft landed at the facility, but some critics questioned the cost, funding structure and procurement process.
Commercial operations began in December 2025 under Governor Biodun Oyebanji, who disclosed that the project gulped about N49.7 billion.
According to the governor, Fayemi’s administration spent about N14 billion on the project, while the Oyebanji administration committed more than N34 billion to complete outstanding works.
The project had earlier attracted scrutiny over unfinished infrastructure, including the air traffic control tower, at the time it was commissioned.
Fayemi Faces Other Allegations
The former governor has also been linked to allegations surrounding the financing of the multi-billion-naira Amandla Resort and Conference Centre in Ilishan-Remo, Ogun State.
Sources familiar with the matter had alleged that funds meant for the airport project were diverted to support the hospitality facility, an allegation Fayemi has not publicly admitted.
Fayemi and his wife, Erelu Bisi-Adeleye Fayemi, are founders of the Amandla Institute for Policy and Leadership Advancement, which operates the resort.
The former governor was also questioned by the EFCC in June 2023 over a separate alleged N4 billion money laundering investigation.
Meanwhile, a Federal High Court in Abuja ruled in December 2025 that the EFCC violated the rights of former Director-General of the Ekiti State Bureau of Public Procurement, O’Seun Odewale, after he was detained for three days during investigations connected to the airport project.
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