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 facts 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.
Consequently, it follows therefore that the case of the respondent was not
erected on any pedestal what so ever, because it did not came before the
court initiated by due process of law. This court therefore lack the
jurisdiction to continue with the trial of the Applicant in charge No.
SS/34c/2021 now pending before this court, as the law is well settled that
where a court deals with a matter without jurisdiction, so doing amounts
to embarking on a worthless exercise because no matter how brilliantly
conducted it will be a complete nullity.
The law is also trite that where a person natural or artificial lacks the
power to prosecute a matter, it also means that person lacks the locus
standi to invoke the jurisdiction of the court which as a result there of
lacks jurisdiction to entertain the suit filed before it.
A court of law can only be competent to adjudicate on any matter
brought before it if the matter comes before it initiated by due process of
law and upon fulfillment of any condition precedent to the exercise of
jurisdiction.
- Madukolu V. Nkemdilim (Supra)
- Ogwuche V. Mba (Supra)
- Nyame V. FRN (Supra)
- Goldmark (Nig) Ltd V. Ibafon (Supra)
- Dr. Joseph Nwobike SAN V. FRN (Supra)
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