The Respondent was arraigned on the 1st day of March, 2022 before the lower Court on one count charge of Criminal Breach of Trust contrary to and punishable under Section 311 and 312 of the Penal Code Law. CAP. 89, Laws of the Northern Nigeria. Trial in the case commenced with the Appellant calling two witnesses and tendering documentary exhibits. At the resume hearing of the case, the Respondent filed a motion on notice praying the lower Court to strike out the charge for want of competence of the Appellant to prosecute the offence on the following grounds:(a). The Economic and Financial Commission (EFCC) does not have the powers to prosecute the Defendant for the alleged offence of Criminal Breach of Trust arising from a civil contract between the Defendant’s Company and Sokoto State Government as it does relates to Economic and Financial Crimes within the definition of Section 46 of the EFCC (Establishment Act) 2004 as interpreted by the Supreme Court of Nigeria in the case of Dr. JOSEPH NWOBIKE, SAN V. FEDERAL REPUBLIC OF NIGERIA, Suit No. SC/CR/161/2020 decided on the 20th of December, 2021. (b). The Economic and Financial Crimes Commission (EFCC) can only investigate and prosecute offences relating to Economic and Financial Crimes. (c). The Economic and Financial Crimes Commission (EFCC) being a coordinating agency for the fight against corruption in Nigeria does not confer it unfettered CA/S/114C/2022 Page 2