Court Dismisses Intels’ Suit To Stop EFCC Probe Over Alleged $74m Debt To NPA

The Federal High Court in Abuja has dismissed a suit by Intels Nigeria Limited seeking to stop the Economic and Financial Crimes Commission (EFCC) from investigating transactions connected to an alleged $74 million debt owed to the Nigerian Ports Authority (NPA).

Justice Emeka Nwite delivered the judgment on October 2, 2026, according to court documents reviewed by journalists.

The court held that a contractual relationship and an arbitration clause do not automatically prevent criminal investigation where allegations go beyond unpaid debt to possible diversion or conversion of funds.

However, the judge stressed that the EFCC cannot use its investigative powers to determine contractual rights or finally settle disputed accounts.

Intels filed the amended suit, marked FHC/ABJ/CS/164/2022, against the EFCC, its chairman, the NPA and the Attorney-General of the Federation.

The logistics company sought an order restraining the commission from further demanding $74 million allegedly due under its Managing Agency Agreement with the NPA.

The agreement was first entered into in 1998 and renewed in 2003, 2011 and 2018.

Intels argued that invitations, arrests and questioning of its officials concerned a civil contractual dispute and amounted to harassment and misuse of the commission’s powers. It alleged that EFCC operatives attempted to interpret the agreements during questioning in April 2021 and rejected an ongoing reconciliation process.

The EFCC maintained that the NPA’s petition raised issues requiring criminal investigation.

According to the commission, the NPA alleged non-remittance of $148,152,572.42 as of 2017 and claimed that some third-party payers were directed to send funds to an account belonging to Intels West Africa Limited in the United Kingdom, rather than the account contemplated by the agreement.

The commission also referred to additional allegations involving transactions of up to $1,247,947,083.

The court noted that those figures relate to allegations presented during proceedings and do not constitute findings of liability, and should not be aggregated as a single established debt.

Court Distinguishes Contract From Crime

Justice Nwite held that the existence of a contract does not, by itself, determine whether conduct arising from it is exclusively civil.

He found that the complaint provided a factual basis for investigating allegations of diversion and conversion that were distinct from a mere debt claim.

The judge therefore rejected the argument that the EFCC’s involvement amounted to civil debt recovery, adding that an arbitration clause governs contractual dispute resolution but does not confer immunity from lawful criminal investigation.

The court, however, emphasised the limits of the commission’s authority, stating that its decision did not empower the EFCC to adjudicate contractual accounts between Intels and the NPA or deny either party access to arbitration.

In a preliminary objection filed in July 2025, the NPA argued that the suit principally challenged the EFCC’s conduct and that Intels disclosed no reasonable cause of action against the Authority.

Justice Nwite ultimately found that Intels had not established grounds for the broad declarations and injunctions sought and dismissed the suit.

The judgment allows lawful investigation to proceed. It does not amount to a criminal conviction or a final determination that the alleged $74 million is payable.

Intels provides integrated logistics services to Nigeria’s oil and gas industry.

Its relationship with the NPA has involved earlier disputes over boat pilotage revenue. In 2017, the Federal Government directed the cancellation of a monitoring and supervision contract amid allegations of non-remittance, which Intels disputed, maintaining that the NPA was indebted to it.

Former Vice-President Atiku Abubakar separately stated in 2023 that he had sold his interest in Intels in 2020 for $100 million and was no longer a shareholder.