He further argued that following from the above, the investigation and
prosecution of the Applicant by the EFCC are not erected on any
pedestal whatsoever as it did not come to this Honourable Court initiated
by due process of law and this court lacks the requisite jurisdiction to
continue to entertain same.
- UBA PLC V. Ademola (2008) LPELR 5066 (CA).
- UTIH V. Onoyiwe (1991) LPELR 3436 (SC).
In his response to the submissions of the Applicant’s counsel, the
Respondent’s counsel submitted that the relief being sought by the
Applicant in this application, is not available under the law and 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.
- Fawehinmi V. IGP (2000) NWLR pt 665 p 481.
- Bamidele V. Commissioner for Local Government
(1994) 1 NWLR pt 328 p 568 at 585.
He submitted that a person suspected of committing an offence such as
the Applicant, cannot be shielded from prosecution by a court as doing so
will amount to interfering with the Constitutional power of investigation
and prosecution of the prosecuting agency.
- Hassan V. EFCC (2014) 1 NWLR pt 1389 p 631.
- AG Anambra State V. UBA (2005) 15 NWLR pt 947 p
44 at 67.
- Kalu V. FRN (2016) 9 NWLR pt 1516 p 1.
The Respondent’s counsel submitted that the Applicant having made
several payments, transfers and withdrawals from the N419,744,612.30 to
his personal companies, friends and family members, the instant
application made by the Applicant, is an abuse of court process because
there is no iota of law that support the Applicant’s application.
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