was illicitly misappropriated with the object of earning wealth which is Criminal. He maintained that by virtue of Sections 6 and 7 of the EFCC (Establishment) Act, 2004, the EFCC has the power to investigate and prosecute all financial crimes. He submitted that the case of Dr. Joseph Nwobike SAN V. FRN (Supra) relied upon by the Applicant, is misconceived as it did not stop the Respondent from investigating or prosecuting the offence of Criminal Breach of Trust and so the Applicant’s application is premised on frivolity or recklessness. From the wordings of Section 46 of the EFCC (Establishment) Act 2004, the test to be applied as to whether a particular act is an economic and financial crime, is whether the objective of the act which is alleged to be a crime, is geared towards earning wealth illegally. - Emmanuel Ahmed V. FRN (2009) 13 NWLR pt 1159 p 536. - Bovao V. FRN (2017) LPELR 43006. - Nyame V. FRN (2010) 7 NWLR pt 1193 p 344. - Dr. Joseph Nwobike SAN V. FRN Suit No. SC/CR/ 161/2020. Section 46 of the EFCC (Establishment) Act, 2004 which defines economic and financial crimes, provides as follows:“Economic and financial crimes means the non-violent Criminal and illicit activity committed with the objective of earning wealth either individually or in a group or organized manner thereby violating existing legislation governing economic activities of government and its administration and includes any form of fraud, narcotic drug, trafficking, money laundering, embezzlement, bribery, looting and any form of corrupt malpractices, illegal arms deal, smuggling, human trafficking and child labour, foreign exchange, malpractice including counterfeiting of currency, theft of Page 21 of 31