such investigatory and prosecutory powers are only limited to economic
crimes. Counsel contend that what the Appellant does as regards the trial
of the Respondent was to dabble into a civil transaction between the
Respondent’s Company and Sokoto State Government, who never
complained of any impropriety on the part of the Respondent. In aid, he
referred to OMUMA MICRO – FINANCE BANK (NIG) LTD V.
OJINNAKA (2018) LPELR – 43988 (CA) to the effect that police or any
law Enforcement Agency including the EFCC are not allowed to dabble into
enforcement of civil contracts or engaged in the recovery of debts.
It was further submitted that the EFCC does not have the powers to
prosecute the Respondent for the alleged offence of criminal breach of
trust from a civil contract between the Respondent and Sokoto State
Government same not being an economic crime within the definition of
Section 46 of the EFCC (Establishment Act) 2004. He referred to the case
of Dr. Joseph Nwobike, SAN V. Federal Republic of Nigeria (supra)
in contending that the Appellant cannot prosecute all kind of offences and
that criminal breach of trust was not one of the offences listed as economic
crimes.
The very intrinsic and extrinsic nature of the issue of jurisdiction in
judicial proceedings of a Court of law and the fatal consequences on the
part of a Court to entertain an action are held to be of considerable
antiquity to be elementary in our judicial jurisprudence. Hence, it is never
too late in the course of the proceedings of all Courts in a matter, at all
stages of the judicial ladder, for any of the parties or Courts to raise the
issue of jurisdiction in any form, and that once raised or it arises, it should
CA/S/114C/2022
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