The Federal High Court in Abuja has barred the Economic and Financial Crimes Commission from prosecuting a former Comptroller-General of the Nigeria Customs Service, Alhaji Abdullahi Dikko.
Delivering judgment on the suit instituted by Dikko on Monday, Justice Nnamdi Dimgba held that the non-prosecution agreement entered into between the Attorney-General of the Federation, Abubakar Malami (SAN), and the plaintiff was binding on EFCC.
Dikko is being tried for converting N1.2bn belonging to the Nigerian Air Force to his personal use.
Justice Dimgba held that section 174 of the constitution, the AGF being the chief law officer of the federation, has powers and discretion on prosecution matters.
He stated 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-General of the Federation by virtue of section 174 of the constitution.”
Justice Dimgba admonished government agents and agencies joined as defendants in the suit on the need to speak with one voice.
“There is a need for the government to speak in one voice and not in different tunes that appear to be discordant,” the judge said.