A Lagos State High Court, sitting in Ikeja, has discountenanced the nolle prosequi entered by the Attorney General of the Federation to discontinue criminal proceedings against five former staff of the Lagos Trade Fair Complex accused of N274m fraud.
The accused persons, Bassey Eyamba, Francis Dajilak, Lazarus Okocha, Barnabas Kolo and Eunice Okafor, are being prosecuted by the Economic and Financial Crimes Commission (EFCC), for allegedly swindling their former employer of the said sum.
According to the anti-graft commission, the accused allegedly sold some plots of land and collected rents from several clients on their employer’s property, without lawful authority.
Arguing the case before Justice Kudirat Jose, the EFCC had said the accused violated Sections 390 (6) and 516 of the Criminal Code Laws of Lagos State 2003.
However on November 14, a senior counsel from the office of the AGF, Mr. D.E. Kaswe, brought before the court a nolle prosequi application.
Kaswe had informed the court that the office of the AGF, in the exercise of its power pursuant to Section 174 of the Constitution, had decided to discontinue the trial of the accused.
He said, ”In the exercise of his powers, the office of the Attorney General of the Federation has entered a nolle prosequi in this matter. I therefore urge Your Lordship to deem the notice as proper and the court should discontinue the suit.”
But the EFCC, through its counsel, Mr. Anslem Ozioko, raised objection to the application, arguing that the AGF had no power to discontinue a case filed under state laws.
He said, “Nothing was served on us at the commission. I submit that the EFCC is still prosecuting this matter. The files are still with us and we are ready to proceed.
“We are aware that the AGF has power to enter a nolle prosequi but it is limited to federal enactments. The matter before the court is stealing and it is only the Lagos State Attorney General that can enter a nolle prosequi in this matter.
“Section 211 (a) of the 1999 Constitution is clear with respect to this matter. It is only the Lagos AG and not the AGF that can enter nolle prosequi with respect to this suit. The EFCC has the fiat of Lagos State AG to prosecute this matter and that fiat has not been withdrawn.”
Ruling on the application on Wednesday, Justice Jose upheld the argument of the EFCC.
The judge held that the powers of the AGF and the AG of a state were distinctly spelt out in the Constitution. “Section 211 (a) of the 1999 Constitution is clear with respect to this matter. It is only the Lagos AG and not the AGF that can enter a nolle prosequi with respect to this suit.
“The EFCC has the fiat of Lagos State Attorney General to prosecute this matter and that fiat has not been withdrawn,” Justice Jose held. She subsequently adjourned the case till February 16, 2015, for continuation of trial.
