intellectual property and privacy, open market abuse, dumping of toxic wastes and prohibited goods etc.” The Supreme Court in the case of Dr. Joseph Nwobike SAN V. FRN (Supra) after considering the provisions of Section 46 of the EFCC (Establishment) Act, 2004 at page 25 of the Judgment, stated as follows:“In this fine definition, the words that call for interpretation in the context of determining if the offence for which the Appellant was convicted is an economic and financial crime or not, is the words any form of corrupt malpractices....” His Lordship Per Tijjani Abubakar JSC then continued at page 27 of the Judgment as follows:“It suffices therefore to say that the words ‘corrupt malpractices’ entail conduct that might affect the honest and impartial exercise of a duty; encompassing a vicious and fraudulent intention to evade the prohibitions of the law; something against or forbidden by law; moral turpitude or exactly opposite of honesty involving intentional disregard of law from purely improper motives.” It therefore follows that for an act to be an economic and financial crime, such act must be a non-violent Criminal and illicit activity committed with the objective of earning wealth. In discovering the intention of the legislature with respect to ascertaining the scope of the expression “any form of corrupt malpractices” used in Section 46 of the EFCC (Establishment) Act, 2004, literal meaning will not be adopted because if it is adopted, it means the powers of the EFCC will be at large and open ended and every Criminal and illicit activity committed, will fall within the scope of “corrupt malpractices” and consequently be regarded as an economic and financial crime which the Page 22 of 31

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