Court bars EFCC from prosecuting ex-Customs boss, Dikko

The Economic and Financial Crimes Commission, EFCC has been barred from prosecuting a former Comptroller-General of the Nigeria Customs Service, Abdullahi Dikko. The order was given on Monday by a Federal High Court in Abuja presided over by Justice Nnamdi Dimgba while delivering judgement in a suit instituted by Dikko. 

Justice 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 Economic and Financial Crimes Commission, EFCC has been barred from prosecuting a former Comptroller-General of the Nigeria Customs Service, Abdullahi Dikko. The order was given on Monday by a Federal High Court in Abuja presided over by Justice Nnamdi Dimgba while delivering judgement in a suit instituted by Dikko.

Justice 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 N1.5billion proceeds of alleged crimes he committed while in office to the coffers of the federal government. 

The judge held that the AGF being the chief law officer of the federation has powers and discretion on prosecution matters by virtue of the provisions of Section 174 of the Constitution. Justice Dimgba further held 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, 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 held indicated that he subscribed to Dikko’s case. In reference to the conflicting positions of the AGF and the EFCC on the case, Justice Dimgba admonished government agents and agencies joined as defendants in a suit on the need to be on the same page.