Court in that case has succinctly and successfully set out
parameters and indications that always guide any Courts in
determining whether or not a particular conduct, act or
crime is an economic and financial crime which the EFCC can
investigate and prosecute within the contemplation of the
combine effect of Sections 6 (b), 7 (1) (a) and (2) (f) 13 (2)
and 46 of the EFCC (Establishment) Act 2004 as in this
application.
In the context of economic and financial crime as it
relates to this application and explained in the charge No.
SS/34C/2021 against the Applicant, I am unable to accept
the submission of the Respondent’s Counsel that the fact and
circumstances of the case of the Applicant constitute an
economic and financial crime that metamorphose in the
offence of criminal breach of trust against the Applicant
which the EFCC is empowered to investigate and prosecute.”.
Dissatisfied with the above decision, the Appellant appealed to this
Court through a notice of appeal filed on 23/6/2022 containing four
grounds of appeal.
Having settled and exchanged briefs of argument in accordance with
the rules of Court, each parties formulated its/his respective issues for the
determination of this appeal. Below are the issues of the Appellant (pages
8 – 9 of its brief)
1.
Whether the trial Court was right to have struck out
and discharged the Respondent on a criminal charge of
CA/S/114C/2022
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