application, the learned SAN submitted that the grounds, upon which the
application is brought, are as follows:a. The Economic and Financial Crimes Commission does not have
the powers to prosecute the Defendant for the alleged offence of
Criminal Breach of Trust arising from a civil contract between the
Defendant’s Company and Sokoto State Government as it does not
related to economic and financial crimes within the definition of
section 146 of the EFCC (Establishment) Act, 2004 as interpreted
by the Supreme Court of Nigeria in the case of D. Joseph Nwobike
SAN VS. Federal Republic of Nigeria Suit No. SC/CR/161/2020
decided on the 20th of December, 2021;
b. The Economic and Financial Crimes Commission (EFCC)
commonly investigate and prosecute offences relating to economic
and financial crimes.
c. The Economic and Financial Crimes Commission (EFCC) being a
coordinating agency for the fight against corruption in Nigeria,
does not confer it the unfettered powers to initiate prosecution in
respect of all offences in Nigeria.
d. The offence alleged against the Defendant in the charge pending
before this Honourable Court relates to that of Criminal Breach of
Trust and does not relates to an offence falling within the powers of
the Economic and Financial Crimes Commission (EFCC) under
Section 46 of the EFCC (Establishment) Act, 2004;
e. The powers of the Economic and Financial Crimes Commission
(EFCC) under Section 46 of the EFCC (Establishment) Act, 2004,
is not at large and open ended; and
f. Interest of justice.
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