Substantially, paragraphs 7-12 and 23 of the respondent’s counter
affidavit and Exhibit 1 annexed there under are in agreement with the
facts averred by the Applicant in relation to the signed memorandum of
understanding signed by the parties.
Furthermore, paragraphs 13-22 of the respondent’s counter affidavit and
the accompanying Exhibit 11 series which comprised of the photocopies
of cheque leaves, only shows various transfers and withdrawals of
monies (linked to different accounts without explaining how the transfers
and withdrawals constitute an economic and financial crimes, despite the
fact that it is trite law that court of law do not speculate on issues nor
embark on voyage of discovery.
- Salik V. Idris (2014) 15 NWLR Pt. 1429 P 36
- Plateau State V. AGF (2006) 3 NWLR Pt. 967 P. 346
- Okotie Eboh V. Manager (2004) 18 NWLR Pt. 905 P. 242
I have also observed that the Exhibit 12 annexed to the respondent’s
counter affidavit and which are the statements of the Applicant made on
the 4/11/2019 and 6/11/2019, only shows what the Applicant has
planned to do and started doing with the monetary value of the sold 40%
equity shares to Sokoto State Government.
In consideration of all the facts and circumstances of the case of the
Applicant before this court, it is the humble view of this court that the
case of Dr. Joseph Nwobika SAN V. FRN (Supra), applies in this
instant application, because the Supreme Court in that case has
succinctly and successfully, set out parameters and indicators that will
always guide any courts in determining whether or not a particular
conduct, act or crime is an economic and financial crime which the
EFCC can investigate and prosecute within the contemplation of the
combine effects of Sections 6(b); 7(1)(a) and (2)(f); 13(2) and 46 of the
EFCC (establishment) Act 2004 as in this application.
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