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Court Stops EFCC From Prosecuting Ex-Custom Boss,Dikko
A Federal High Court sitting in Abuja has stalled the Economic and Financial Crimes Commission (EFCC) from prosecuting a former Comptroller General of Customs (CGC), Abudullahi Inde Dikko for alleged financial misappropriation while in office.
Delivering judgment on the suit instituted by Dikko, Justice Nnamdi Dimgba held that the non-prosecution agreement entered into between the Attorney-General of the Federation, Abubakar Malami, and the plaintiff, was binding on EFCC.
Justice Dimgba held that since it was proved that such an agreement exist, and Dikko has kept his side of the bargain by paying 1,576,000,000 and more to the Federal Government, through the EFCC funds recovery account in Central Bank of Nigeria (CBN), it was wrong for the EFCC or any other agency of government to seek to prosecute him (Dikko) on the same alleged crime.
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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-General of the Federation by virtue of section 174 of the Constitution.”
The AGF (Malami), the Department of State Services, the EFCC and its chairman were the defendants in the suit instituted by Dikko.
Malami did not oppose the suit, a development which the judge said indicated that he subscribed to Dikko’s case.
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