The Federal High Court in Abuja has stopped the Economic and Financial Crimes Commission (EFCC) from prosecuting Abdullahi Dikko, a former Comptroller-General of the Nigeria Customs Service.
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Justice Nnamdi Dimgba said the decision of the court was based on the non-prosecution agreement entered into by Abubakar Malami, the Attorney-General of the Federation and Dikko. The agreement was signed after the former Customs boss returned N1.5 billion, the amount he was accused to have benefited from crimes he committed while he was in office, to the Federal Government.
He 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.”
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Dimgba also said Malami’s failure to respond to the suit, in which the Department of State Services and the EFCC were mentioned along with him as defendants, points to the fact that he subscribed to Dikko’s case.