be decided first before further steps are taken on other issues in the
matter in order to avoid an exercise in futility. See SKYPOWER EXP.
AIRWAYS LTD V. UBA PLC (2022) 6 NWLR (PT. 1826) 203 at 228.
In the light of the fact that an issue of jurisdiction can be raised at all
stages of the proceedings, the Respondent was justified in bringing the
application that culminated into the present appeal. It is however pertinent
to state at this juncture that the said application was not in the nature of a
no case submission, in which the trial Court was called upon to quash the
charge because it fails to disclose a prima facie case against the
Respondent and or the charge is defective. As stated earlier, the thrust of
the Respondent’s case was the Supreme Court decision in NWOBIKE V.
FR.N. now reported in (2022) 6 NWLR (PT. 1826) 293 which
according to the Respondent has brought about a paradigm shifts in the
way and manner of investigation and prosecution of cases by the Economic
and Financial Crimes Commission (EFCC). Put differently, that the EFCC’s
investigatory and prosecutorial powers are confines to and restricted to
economic crimes in the strict sense of the word. And that the offence with
which the Respondent was arraigned and made to stand trial before the
lower Court is not an economic crime within the meaning of the law.
Before embarking on the expedition of discovering whether the
offence with which the Respondent was standing trial is an economic crime
or not and also whether the case of Nwobike V. F. R. N. (supra) was on
all fours with the present case, it is also pertinent to note that for the
principle of stare decisis to hold, the facts of the case have to be the same
or similar to the facts of the earlier decided case by a higher Court, for the
CA/S/114C/2022
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