earlier decision to govern and determine the latter case and bind the lower
Courts. Where the cases are not the same or similar, the principle is
inapplicable. See ADEGOKE MOTORS LTD V. ADESANYA (1989) 3
NWLR (PT. 109) 250, BAKARE V. NIGERIAN RAILWAY CORP.
(2007) 17 NWLR (PT. 1064) 606 and ABUBAKAR V. NASAMU
(NO2) (supra). Furthermore, a judgment should always be read in the
light of the facts on which the case was delivered. Thus, the rules of stare
decisis do not allow Courts to apply the ratio of a case across the board
and with little regard to the facts of the case before them.
The question then is, what is an Economic and Financial Crime? A
financial crime can be conceived as any unlawful activity intended to gain
some financial benefits. On the other hand, an economic crime is a broader
concept which may include illegal action that go beyond financial benefits
to affecting the fabric of society.
Section
46
of
the
Economic
and
financial
Crimes
(EFCC
Establishment) Act, 2004 describes the phrase “Economic and Financial
Crimes” as follows:
“Economic and Financial Crimes means the non –
violent criminal and illicit activity committed with the
objectives of earning wealth illegally either individually or in
a group or organized manner thereby violating existing
legislation governing the economic activities of government
and its administration and includes any form of fraud,
narcotic
drugs,
trafficking,
money
laundering,
embezzlement, bribery, looting and any form of corrupt
CA/S/114C/2022
Page 9