SAN FRANCISCO, June 09, (THEWILL) – The Economic and Financial Crimes Commission (EFCC) has said that the Office of the Attorney-General of the Federation (OAGF) has constitutional power to takeover any criminal case at any stage of investigation.
Tony Orilade, Spokesman of the commission, made this known in an interview with NAN in Abuja on Sunday in reaction to the takeover of the case of alleged N25 billion fraud, filed against former Gombe State Governor, Sen. Danjuma Goje, by the commission.
According to Orilade, by virtue of the existing law, the office of the attorney- general of the federation has the power to takeover any criminal case at any stage.
The OAGF had, on Friday, taken over the case of an alleged N25 billion fraud filed against Sen. Goje (APC-Gombe Central) who was, until Thursday last week, a contender for the post of the President of the Senate.
He withdrew from the race after meeting with President Muhammadu Buhari and immediately endorsed his rival Ahmad Lawan (APC-Yobe).
Section 174 (1a) of the 1999 Constitution states that the Attorney-General of the Federation shall have the power “To institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court-martial, in respect of any offence created by or under any Act of the National Assembly.”
While subsection (1b) says “to takeover and continue any such proceedings that may have been instituted by any other authority or person”.
NAN reports that for almost eight years, the EFCC had been prosecuting the former governor until Friday, June 7.
The case, which was before Justice Babatunde Quadiri of Jos Federal High Court II, had even gone to the Jos Court of Appeal over the remaining two count charges out of 21 filed against him by EFCC.
The Appellate Court is yet to fix a date for the hearing of the appeal. When the case came up for an emergency hearing before Justice Quadiri, the EFCC Counsel, Wahab Shittu, told Court that the agency was withdrawing from the case and handing it over the office of the Attorney-General for continuation.
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