In a plethora of decided cases, it has been severally held that the EFCC
has no business in dabbling into civil contracts and agreements. In the
case of Omuma Micro Finance Bank Nigeria Ltd V. Ojinaka (2018)
LPELR 43988 the Court of Appeal stated the Law as follows:“We have stated repeatedly that the police or any law
enforcement Agency for that matter including the
Economic and Financial Crimes Commission (EFCC),
is not allowed to dabble into enforcement of civil
contracts and agreements, or to engage in recovery of
debts under the pretext of doing lawful duties.”
- Abah V. UBN Plc (2015) LPELR 24758.
- Oceanic Securities International Ltd V. Balogun
(2013) All FWLR Pt. 677 (p) 653.
- Ibiyeye V. Gold (2012) All FWLR Pt 659 P 1074.
Cautioning the EFCC against metamorphosis civil cases into economic
and financial crimes, the Supreme Court in the case of Diamond Bank
Plc V. Opara (2018) LPELR 43907 per Sidi Berger JSC held as follows:“It is important for me to pause and say here that the
powers conferred on the 3rd respondent i.e. the EFCC to
receive complainants and prevent and/or fight the
commission of financial crimes in Nigeria, pursuant to
section 6(b) of the EFCC Act, does not extend to the
investigation and / or resolution of disputes arising or
resulting from simple contract or civil transactions...
The EFCC has an inherent duty to scrutinize all
complainants that it receive carefully no matter how
carefully crafted by the complaining party, and be bold
enough to counsel such complainants to seek
appropriate/lawful means to resolve their disputes.”
Expressing his further lamentations, His Lordships continues in the
following words:-
Page 27 of 31