intellectual property and privacy, open market abuse,
dumping of toxic wastes and prohibited goods etc.”
The Supreme Court in the case of Dr. Joseph Nwobike SAN V. FRN
(Supra) after considering the provisions of Section 46 of the EFCC
(Establishment) Act, 2004 at page 25 of the Judgment, stated as follows:“In this fine definition, the words that call for
interpretation in the context of determining if the offence
for which the Appellant was convicted is an economic
and financial crime or not, is the words any form of
corrupt malpractices....”
His Lordship Per Tijjani Abubakar JSC then continued at page 27 of the
Judgment as follows:“It suffices therefore to say that the words ‘corrupt
malpractices’ entail conduct that might affect the honest
and impartial exercise of a duty; encompassing a vicious
and fraudulent intention to evade the prohibitions of the
law; something against or forbidden by law; moral
turpitude or exactly opposite of honesty involving
intentional disregard of law from purely improper
motives.”
It therefore follows that for an act to be an economic and financial crime,
such act must be a non-violent Criminal and illicit activity committed
with the objective of earning wealth.
In discovering the intention of the legislature with respect to ascertaining
the scope of the expression “any form of corrupt malpractices” used in
Section 46 of the EFCC (Establishment) Act, 2004, literal meaning will
not be adopted because if it is adopted, it means the powers of the EFCC
will be at large and open ended and every Criminal and illicit activity
committed, will fall within the scope of “corrupt malpractices” and
consequently be regarded as an economic and financial crime which the
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