offence of Criminal Breach of Trust can be framed as contained in the
charge No. SS/34C/2021 against the Applicant for which the EFCC can
investigate and prosecute. The Supreme Court in the case of Dr. Joseph
Nwobike SAN V. FRN (Supra) gave an indicator in the following words
at page 32 of the Judgment, thus:“…The criminal offences contemplated by the
convention (against corruption), must be offences fitting
the statement of purpose of the convention, the criminal
offences must not be at large as to include every
conceivable criminal offences…”
Explaining the intention of the legislature with regard to extent and scope
of the powers of the EFCC to investigate and prosecute with respect to
the provisions of Sections 6, 7 and 13 of the EFCC (Establishment) Act
2004 in Dr. Joseph Nwobike’s case, the Supreme Court held:“Indeed, the effect of the combined provisions of
Sections 6(b); 7(1)(a) and (2)(f) and 13(2) of the EFCC
(Establishment). Act 2004, leaves no doubt that the E
FCC has the power to investigate enforce and prosecute
offenders for any offence whether under the (Act or any
other statute in so far as the offence relates to the
commission of economic and financial crimes.”
- Emmanuel Ahmad V. FRN (Supra)
- Nyame V. FRN (Supra).
In answer to the question raised above in this ruling, what has became
apparent from the contents of Exhibits “A’ and “B” annexed to the
Applicant’s supporting affidavit and Exhibit 1 annexed to the counter
affidavit of the respondent is that the authors of Exhibit “B” which is the
petition to EFCC, has succeeded in influencing the EFCC to dabble into
an entire civil transaction that inures between the Applicant’s Company
and Sokoto State Government.
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