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the enactments specifically set out there under but also any other law or regulations
relating to economic and financial crimes including the criminal and Penal, Code. It is
therefore, the prosecution Counsel’s submission that the EFCC is competent to prosecute
offences under the Penal Code by virtue of SECTION 6(C ) AND (M) OF THE EFCC
ACT. The prosecution postulates that in view of the high premium attached to speedy
disposal of criminal cases, the Attorney General of the Federation delegates his powers to
the various law enforcement agencies of the Federal Government, therefore, the charge is
not defective in anyway, nor is the officer who initiated it incompetent to do so because
the EFCC prosecutor qualifies as “authority” under SECTION 174 OF THE
CONSTITUTION and on the authority of FRN VS OSAHON (2006) 5 NWLR (PART
97) SC 361.
The prosecution Counsel added that by SECTION 2 OF THE 1999
CONSTITUTION, Nigeria operates cooperative Federalism as opposed to dualist
Federalism, and under cooperative Federalism, some agencies such as the EFCC are
common agencies for both Federal and State. He buttressed his point by further arguing
that other security and law enforcement agencies, like EFCC, can on their own without an
express fiat prosecute criminal cases, forinstance, the Nigerian Prison Service has the
power to prosecute criminal cases. He placed reliance on the case of COMPTROLLER,
NIGERIAN PRISONS SERVICE LAGOS VS ADEKANYE (2000)15 NWLR (PART
790) 318. He added that it is clear from the authority of AMADI VS FRN (2008)18
NWLR (PART 119) SC 259 and FRN VS OSAHON (SUPRA), the EFCC indeed does
not need any express fiat from the Honourable Attorney General of the Federation or any
other person in order to prosecute criminal cases. He urged this Court to so hold.
On objection to the charge, the prosecution Counsel relied on various authorities to
contend that it is settled law than any objection to a charge for any formal defect on the
face of the charge for any perceived irregularity relating to procedure shall be taken
immediately after the charge has been read over to the accused and not later. See
AMADI VS FRN (2008)18 NWLR (PART 119)259 AT 277 PARAGRAPHS B – F;
OKAROH VS STATE (1990)1 NWLR (PART 125)128; MOGAJI VS NIGERIAN