At page 4 of the MOU, it is provided as follows:“After the purchase of 40% equity, the joint responsibilities shall be:1. The share holders shall provide funds as may be required to commence operations as well as provide working capital for the first 2 (two) trading cycles in the ratio of the ownership structure. However the existing share holders shall bear the cost of cleaning up the factory, servicing of (machines as well as fixing the basic building structures.” In law, a memorandum of understanding is a document which contains the mutual understanding of the parties based on the terms agreed by the parties intended to affect the legal relations between them and to be acted upon accordingly. - S.F. E.P Ltd V. NDLC (2012) 10 NWLR P. 522. It is also trite law that parties to an agreement retain the commercial freedom to determine their own terms and no other person not even the court can determine the terms between the parties thereto, because the only duty of the court, is to interpret the terms on the clear wordings. - Julius Berger Nig. Plc V. T.R.C.B Ltd (2019) 34 WRN 138 at 170 - 171 (Sc). - Nica Fishing Ltd V. Lavina Corp. (2008) 38 WRN I (SC). Considering the analysis of the foregoing terms as contained in the memorandum of understanding, can one say or described the mutual understanding of the Applicant’s Company and Sokoto State Government which led to the signing of the MOU and purchase of 40% share equity of the Applicant’s Company at the cost of N419,744,612.30 a “non–violent criminal and illicit activity with the objective of earning wealth” or constitute “any form of corrupt malpractices” for the purpose of qualifying the process as an economic and financial crime from which the Page 25 of 31

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