6
(a)
The document or writing is false
(b)
That it was lettered knowingly or fraudulently.
The prosecution urged this Court to hold that the act of fraudulently presenting the
statement of result to gain employment from the complainant amount to using as genuine,
and for the complainant to offer him employment based on same made the offence of
using as genuine to be completed. He urged the Court to hold that the prosecution has
proved this count also.
On the issue of whether the staff of EFCC can prosecute the instant case without a
fiat from the Attorney General of the Federation, the prosecution Counsel brought the
Court’s attention to the provision of SECTION 174(1) OF THE 1999 CONSTITUTION.
It reads:
“The Attorney General shall have power to take over and continue any such
criminal proceedings instituted by any other authority or person and to discontinue
at any stage before judgment is delivered of any such criminal proceedings
instituted or undertaken by him or any other person”.
On this issue, it is the contention of the accused person that the complainant or its
officers cannot legally prosecute him without showing this Court the requisite fiat of the
Attorney General of the Federation under SECTION 174 OF THE CONSTITUTION.
The accused contends also that the offences which he is charged do not constitute an
economic or financial crime as to bring it under SECTIONS 6 AND 7 OF THE EFCC
ACT.
The prosecution’s argument on this issue is that the provisions of SECTION 7(2)
(F) OF THE EFCC ACT, relates to the powers of the EFCC, which she can imminently
prosecute offences under the Penal Code. The provision according to the Counsel, not
only makes the EFCC the coordinating agency for the enforcement of the provisions of