Dr Joseph Nwobike SAN Vs. FRN: Full Judgement

Dr. Joseph Nwobike SAN Vs. Federal Republic of Nigeria (FRN): Full Judgement

Dr. Joseph Nwobike SAN Vs. Federal Republic of Nigeria: Full Judgement

Dr Joseph Nwobike SAN Vs. FRN: Full Judgement. Here is the recent judgment of the Supreme Court of Nigeria against the Economic and Financial Crimes Commission (EFCC). The judgment limits the powers of the EFCC among other things. It clearly warns that the EFCC cannot act beyond its powers or attempt to perform the role of others agencies in investigating and prosecuting corrupt malpractices, like the Police, ICPC, DSS, Office of Federal and States Attorneys General, Legal Practitioners’ Disciplinary Committee, and National Judicial Council. It also held that the EFCC has powers under the EFCC Act over “… transfers of illicitly acquired assets and to strengthen international co- operation in asset recovery as stated in the federal law” in line with the United Nations Convention against Corruption. The judgment reiterated that no person can be convicted for an offence that is no clearly defined, the manner of the offence explained with punishments in a written law. Click to download the Economic and Financial Crimes Commission (Establishment) Act 2004.

Key parts of the judgment by Justice Tijjani Abubakar (JSC), are highlighted below;

Click to download the full copy of the judgment of the Court of Appeal in the case of Dr. Joseph Nwobike SAN Vs. FRN

1. “… the scope of the expression “any form of corrupt malpractices” used in section 46 of the EFCC (Establishment) Act. If the literal meaning is adopted, it means that the powers of the EFCC will be at large and open ended, because by that interpretation, every criminal and illicit activity committed will fall within the scope of “corrupt malpractices” and consequently be regarded as an economic and financial crime, which the EFCC will be empowered to investigate, so doing will make a pigmy of other legislations and render them barren and sterile, this is certainly not  the intention of the legislature necessitating the establishment of the EFCC and enacting the Act. I must at this stage have recourse to the United Nations Convention against corruption which gave rise to and compelled the enactment of the Economic and Financial Crimes (Establishment Act) 2004.”
2. “I think it is at this stage  improper to import and encompass all criminal offences under the Economic and Financial Crimes Commission (Establishment Act) 2004, the criminal offences contemplated by the Convention must be offences fitting the statement of purpose of the Convention, the criminal offences must not be at large as to include every conceivable criminal offence. ” Click to download the full copy of the judgment of the Court of Appeal in the case of Dr. Joseph Nwobike SAN Vs. FRN
3. “The ejusdem generis rule is applied where in an Act, there are strong reasons (a) from the history and circumstances connected with its passing, (b) from the structure of the Act itself, to indicate the real meaning of the Legislature, that the rule is one which not only can, but ought to be applied.”
4. “… the test for ascertaining if a criminal conduct can be regarded as an economic and financial crime is such that  must be a non-violent criminal and illicit activity committed with the objective of earning wealth. I do not think it will be safe to regard the offence of attempt to pervert the course of justice which the Appellant was convicted for, where it has not been shown that it was committed with the objective of earning wealth, and  be regarded as an economic and financial crime, thereby vesting the power to investigate and prosecute in  the Economic and Financial Crimes Commission .”
5. “Accordingly, I am unable to accept, the submissions of learned Counsel for the  Respondent that the offence of attempting to pervert the course of justice under section 97(3) of the Criminal Law of Lagos State No.11 of 2011 is an economic and financial crime, which the EFCC is empowered to investigate and prosecute.”
6. “The settled position of the law is that when an issue is not placed before the court for discourse,  the Court has no business whatsoever delving into it and  dealing with it. A court of law has no business whatsoever delving into issues that are not properly placed before it for resolution, a Court of law has no business being over- generous and open-handed, dishing out unsolicited reliefs, a Court of law is neither father Christmas granting unsolicited reliefs, nor Knight errant looking for skirmishes all about the place, a Court of law as an impartial arbiter must confine its self to the reliefs sought and the issues before it submitted for resolution.  see: EJOWHOMU V. EDOK-ETER LTD (1986) 5 NWLR (Pt. 39) 1 at 21, OSSAI V. WAKWAH (2006) 2 SCNJ 19 at 36 and  CHIEF FRANK EBBA V. WASHI OGODO & ANOR (1984) 4 SCNLR 372.” Click to download the full copy of the judgment of the Court of Appeal in the case of Dr. Joseph Nwobike SAN Vs. FRN
7. “… The law is well settled that, where a Court of law deals with a matter without jurisdiction, so doing amounts to embarking on a worthless exercise because no matter how brilliantly well the case is conducted it will be a complete nullity. It is the law that an order of Court made without jurisdiction is a nullity.”
8. “…It follows therefore, that when re-formulating the issues crafted by the contending parties, as the issues in controversy, the Court of Appeal must ensure that such re-formulated issue(s) have foundation and are rooted in the grounds of appeal contained in the notice of appeal before it. The power of the Court of Appeal is limited to re-formulating issues that are capable of addressing the grievance of an appellant, who has taken all necessary steps to ventilate his grievance against the decision of a trial court, the Court of appeal has no business engaging in crafting fancy and flowery issues for determination in the abstract, employing words that are catchy and tantalizing.”

Dr Joseph Nwobike SAN Vs. FRN: Full Judgement. Click to download the full copy of the judgment of the Court of Appeal in the case of Dr. Joseph Nwobike SAN Vs. FRN

Economic and Financial Crimes Commission (Establishment) Act 2004. Click to download the Economic and Financial Crimes Commission (Establishment) Act 2004

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