EFCC will be empowered to investigate and prosecute as doing so will
make a pigging of other legislations and render them barren and sterile.
- Pg 28 of the Judgment Nwobike SAN V. FRN (Supra)
My Lord continued at pages 28-29 of the Judgment of Nwobike’s case as
follows:“…If the definition of ‘corrupt malpractice’ is not
properly defined and demarcated, the Economic and
Financial Crimes Commission will assume supernatural
strength as to render it all in all, thereby dwarfing other
similar agencies vested with powers to investigate and
prosecute Criminal offences, and bring the EFCC to
assume the corresponding powers of the Chief Law
Officer of the country. Such open ended powers if not
defined, will escalate the status of the Agency to that of
ruthless ungovernable monster. I am sure this is not the
intention of the legislature necessitating the
establishment of the EFCC and enacting the Act.”
From the processes filed, the fulcrum of the case against the Applicant
and to which charge No. SS/34C/2021 was filed before this court, is
linked to the memorandum of understanding signed by the Applicant’s
Company and the Sokoto State Government on the 4/5/2017 and in
respect of which a petition was lodged before the EFCC in September,
2019. The said memorandum of understanding was annexed to the
Applicant supporting affidavit and marked as Exhibit ‘A’, while the
respondent also annexed it to their counter affidavit and marked it as
Exhibit 1 respectively.
Although the respondent did not annexed the petition to the counter
affidavit as an exhibit, the Applicant annexed the said petition to his
supporting affidavit and marked it as Exhibit ‘B’. Upon a careful perusal
of the memorandum of understanding, one will apparently see that the
monetary value of the assets of the Applicant’s Company as at 4/5/2017
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