Accompanying the counter affidavit is a written address which the
Respondent’s Counsel adopted as their oral legal argument in this
application.
After the counter affidavit and the accompanying written address of the
Respondent were deemed as having been properly filed and served,
Applicant’s Counsel sought leave of this court to make oral reply on
points of law which was granted without objection.
After issues were joined, both counsel submitted that they relied on the
averments contained in the supporting and counter affidavits and the
attached exhibits there under in buttressing their respective positions and
the matter was thereafter adjourned to today for Ruling.
The Applicant’s Counsel in his adopted written address, formulated one
(1) issue for determination and is hereby reproduced below as follows:“Whether the Economic and Financial Crimes
Commission can prosecute and or continue to prosecute
the Defendant/Applicant for the offence of Criminal
Breach of Trust contrary to Section 312 of the Penal
Code Law decoded in Suit No. SS/34C/2021 same not
related commission of economic and financial crimes.”
On the other hand, the Respondent’s Counsel also formulated one (1)
issue for determination from their adopted written address and is hereby
produced below as follows:“Whether having regard to the facts of this case, the
Defendant/Applicant have made out a case that would
entitle him to the order being sought before this
Honourable Court.”
For the purpose of this ruling, I have decided to hybride the issues
formulated by counsel for simplicity and precision as follows:-
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