A Federal High Court sitting in Abuja, on Monday barred the Economic and Financial Crimes Commission(EFCC) from prosecuting a former Comptroller-General(CG) of the Nigeria Customs Service(NCS), Abdullahi Dikko.
Delivering judgment on a suit filed by Dikko, Justice Nnamdi Dimgba held that the non-prosecution agreement entered into between the Attorney-General of the Federation(AGF), Abubakar Malami and the plaintiff was binding on EFCC.
The agreement was said to have been based on the return of N1.5 billion proceeds of alleged crimes he committed while in office to the coffers of the Federal Government.
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.”
The AGF (Malami), the Department of State Services(DSS), the EFCC and its chairman were the defendants in the suit instituted by Dikko.