60% and Sokoto State Government to contribute 40% on all the
requirements of the Company for it to commence operations fully
with the exception of initial cleaning of the factory and servicing of
the machines which is to be borne by the original shareholders;
c. It states clearly the steps to be taken to address disagreement and or
misunderstanding or any other issues that may arise between the
parties and which include amongst others Alternative Dispute
Resolution; and
d. None of the parties to the memorandum of understanding has
taken any such steps and the memorandum of understandings still
open and subsisting between the parties.
In his further submission, the learned silk argued that the entire
transaction comprised on the memorandum of understanding which is
the fulcrum of the case against the Applicant and to which Charge No:
SS/34C/2021 against the Applicant was filed before this court, is a purely
civil transaction of which the EFCC cannot dabble into under the
purported guise of performing their lawful duties.
- Omuma Microfinance Bank Nig. Ltd V. Ojinnaka (2018)
LPELR 43988.
He contended that the statement of purpose of the United Nations
convention against corruption which gave rise to the enactment of the
EFCC (Establishment) Act, 2004, was aimed at curbing corruption and
international transfers of illicit acquired assets, and so the EFCC cannot
hide under Sections 12-18 and 46 of the EFCC (Establishment) Act 2004
to prosecute all kind of cases as its powers are now regulated.
- Nwobike SAN V. FRN Suit No. SC/CR/161/2020
Page 15 of 31