jurisdiction to determine a case, the proceedings remain a nullity ab initio
no matter how well conducted and brilliantly decided.
- NURTW V. R.T.E.A.N (2012) 10 NWLR p 170 (SC).
- Goldmark (Nig) Ltd V. Ibafon Co. Ltd (Supra).
- Gafar V. Government of Kwara State (2007) 4 NWLR
pt 1024 p 375
A court is competent to adjudicate on any matter brought before it only if
the case or matter comes before it initiated by due process of law and
upon fulfillment of any condition precedent to the exercise of the
jurisdiction.
-
Madukolu V. Nkemdilim (1962) 1 SCNLR 342.
Nyame V. FRN (2008) LPELR 8872.
Ogwuche V. Mba (1994) 4 NWLR pt 336 p 75.
Dr. Joseph Nwobike SAN V. FRN Suit
SC/CR/161/2020.
No.
Counsel to the Applicant submitted that the EFCC has no power to
prosecute the Applicant for the alleged offence of Criminal Breach of Trust
arising from a Civil contract as it does not relate to economic and
financial crimes within the definition of Section 46 of the EFCC
(Establishment) Act, 2004 as interpreted by the Supreme Court in the
case of Dr. Joseph Nwobike SAN V. FRN Suit No. SC/CR/161/2020.
He argued that by the provisions of Sections 6 and 7 of the EFCC
(Establishment) Act, 2004, a threshold limit has been set out on the
powers of the EFCC to investigate and prosecute offenders and the power
has been limited to economic and financial crimes provided in Sections
14-18 of the Act as defined by Section 46 of the same Act.
The Respondent’s counsel on the other hand, submitted that by the
averments contained in the Respondent’s counter affidavit and Exhibits
1-12 annexed there under, the money paid by Sokoto State Government
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