Should the NLC embark on another strike to protest the fuel price hike?
Court Asked to Quash Charges Against Nwude, Others
By Chika Amanze-Nwachuku & Omolola Olaoguna, 11.11.2004
An Ikeja High Court was yesterday asked to quash the 44-count charge preferred against Chief Emmanuel Nwude,Amaka Anaejemba and three others, for alledged defrauding a Brazillian of $242million,on the ground that the action was not properly filed. Addressing the court presided over by Justice Olubunmi Oyewole, the defence lawyers faulted the manner the charge was filed,insisting that it is the Attorney General or the Federal who is conferred with the power to conduct proceedings in Federal offences. Dr.Alex Izinyon (SAN),who appeared for Nwude (1st accused) pointed out that the entire information filed by the Economic and Financial Crimes Commission (EFCC) is a nullity and should be quashed. He noted that there was no record before the court that the EFCC delegated powers to one Mr.Hasssan,who signed the information,pointing out that in law,if the processs of initiating a proceeding is faulty,the court has the power to declare it null and void,because there is no information before the court. Izinyon who stated that the EFCC cannot hide under the umbrella of the Attorney-General to bring the action, noted that the right thing is for the AG of the federation to authorise the state AG to initiate the criminal proceeding,and not the AG of the state authorising the EFCC to initiate the action. Again, he noted that the action was initiated by a private prosecutor,adding that there is no provision under the EFCC Act,2002,that provides that it can delegate power to prosecute to a private prosecutor. Mr. Ladi Willliams (SAN), for Amaka Anajemba, Mr.Amobi Nzelu for Eden Okoli (3rd accused) as well as the counsel for the 4th accused,alligned themselves with Izinyon's submission. But William specifically added that the court has no power to enforce ,or adjudicate on a legislation (EFCC Act), which is in conflict with the constitution. Nzelu on his part also noted that the constitution is the supreme law of the law and urged that the EFCC Act is in conflict with the constitution. The counsel also noted that it is unconstitutional for the EFCC to use any obnoxious law to obtain an order by ex parte to confiscate the property of the accused persons, when their trial is still going on. Opposing the application, Rotimi Jacobs, for the prosecution, contended that the National Assembly has the power under section 4 of the constitution to make laws. Chief G.O.K Ajayi (SAN), lead counsel to Nwude, as well as the other defence counsel had faulted the enactment of the EFCC Act by the National Assembly, stating that the EFCC was established to take over the constitutional duties of the police. But Jacob argued that the constitution envisaged that there will be other Security Services, under which the EFCC is precluded. He pointed out that the National Security Act which established the Security Service, and other agencies to carry out security duties in the National Drug Law Enforcement Agency (NDLEA) Act, the National Agency for Food Drug Adminstration and Control (NAFDAC) Act etc. These agencies he further noted also carry out investigation. The prosecuting counsel therefore urged the court to refuse the application, noting that a similar application by the defence challlenging the competence of the EFCC Act was refused by the Federal High Court. Further hearing has been fixed for Novermber 26th.
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