powers to initiate prosecution in respect of all offences
in Nigeria.
(d). The offence alleged against the Defendant in the charge
pending before this Honourable Court relates to that of
Criminal Breach of Trust and does not relates to an
offence falling within the powers of the Economic and
Financial Crimes Commission(EFFC) under Section 46 of
the EFCC establishment Act 2004.
(e). The powers of the Economic and Financial Crimes
Commission (EFCC) under Section 46 of the EFCC
Establishment Act 2004 is not at large and open ended.
The above motion on notice was supported by an affidavit of
31 paragraphs with two annextures marked, Exhibits A and B as well as a
written address.
In response, the complainant now Appellant filed a Counter affidavit
with twelve (12) annextures, marked, Exhibits 1 – 12 respectively and also
with accompanying written address.
After hearing the parties on their respective written address, Learned
trial judge in a reserved but considered Ruling delivered on 21st March,
2022 found at pages 585 – 586 of the record of appeal as follows: -
“In consideration of all the facts and circumstances of
the Applicant before this Court, it is the humble view of this
Court that the case of Dr. Joseph Nwobike, SAN (supra)
applies in this instant application, because the Supreme
CA/S/114C/2022
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