Godwin Tsa, Abuja
The Abuja division of the Federal High Court on Monday stopped the Economic and Financial Crimes Commission (EFCC) from proceeding with the prosecution of a former Comptroller-General of the Nigeria Customs Service (NCS), Abdullahi Dikko.
Justice Nnamdi Dimgba made the decision in his judgment in a suit filed by Dikko against the EFCC, its Chairman, the Attorney General of the Federation (AGF) and the Department of State Service (DSS).
The judge held that the non-prosecution agreement entered into between the Attorney-General of the Federation, Abubakar Malami, and the plaintiff was binding on the EFCC.
According to court documents, the agreement was said to have been based on the return of N1.5 billion proceeds of alleged crimes he committed while in the office to the coffers of the Federal Government.
In his judgment, Justice Dimgba held that by virtue of the provisions of section 174 of the Constitution, the AGF, being the chief law officer of the federation, was imbued with wide powers and discretion on prosecution matters.
He added that the claim by the EFCC that it acted on an anonymous petition to commence its investigations “cannot override the discretionary powers conferred on the Attorney-Genreral of the Federation by virtue of section 174 of the Constitution.”
Given the fact that Malami did not oppose the suit, the judge said it was an indication that he subscribed to Dikko’s case.
Judge Dimgba, who noted the conflicting positions of the AGF and the EFCC on the Dikko’s case, admonished government agents and agencies joined as defendants in the suit on the need to speak in one voice.
“There is a need for government to speak in one voice and not in different tunes that appear to be discordant,” the judge noted.