NWLR pt 126 p 64. We therefore we urge the court to
call that there is no specific denial in the counter
affidavit as they are only bunch of general denial.
On the written address of the Respondent, the cases
cited by the Respondents, are cases of Court of Appeal
which cannot override the decision of the Supreme in
the case of Dr. Joseph Nwobike SAN V. FRN decided
in December, 2021.
The few Supreme Court cases cited by the Respondent
were decided before Nwobike’s cases.
By the principles of stare decision, Nwobike’s decision
is not only binding on this court, but also binding on
the Supreme Court unless it is set aside. Where there is
conflicting decisions, the later prevails.
In reply to paragraph 2.0 of Respondent’s written
address reference was made to S. 221 of ACJA to show
that objection cannot be raise during proceedings,
ACJA 2015 is not applicable to this court as it has been
domesticated and the applicable law is ACJL 2019.
The motion is not challenging the charge, but we are
challenging the competence of the EFCC to prosecute.
In response to paragraph 4.1.0 of the written address o f
the Respondent, we submitted that the case cited by the
Respondent that is marine’s was a case that originated
in Nwobike’s case, and we further submit in respect of
paragraph 4.3.0 that there can never be possible where
all the facts of 2 cases be the same. What the court
looks at, are the principles developed in the case. In
Page 4 of 31