FEDERAL REPUBLIC OF NIGERIA V. SENATOR UMAR TAFIDA

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Sokoto State, Coram Mohammed Mohammed, J delivered on 21st March, 2022 striking out Suit No. SS/M. 02/2022 for want of competence.

The Respondent was arraigned on the 1st day of March, 2022 before the lower Court on one count charge of Criminal Breach of Trust contrary to and punishable under Section 311 and 312 of the Penal Code Law. CAP. 89, Laws of the Northern Nigeria. Trial in the case commenced with the Appellant calling two witnesses and tendering documentary exhibits. At the resume hearing of the case, the Respondent filed a motion on notice praying the lower Court to strike out the charge for want of competence of the Appellant to prosecute the offence on the following grounds:-

(a). The Economic and Financial Commission (EFCC) does not have the powers to prosecute the Defendant for the alleged offence of Criminal Breach of Trust arising from a civil con…