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Friday, December 2, 2022

EFCC lacks power to prosecute us —Oleyelogun, others

By Josephine Oguntoyinbo
& Ayodele Popoola


The Speaker, Ondo State House of Assembly has said that the Economic and Financial Crimes Commission, (EFCC) has no right to prosecute him.

Oleyelogun through his Lawyer, Femi Emodamori said  in view of the Ondo State Public Complaint, Financial Crimes and Anti Corruption Commission Law and other matters connected thereto, the Anti-graft Agency lacks the power to prosecute him.

The EFCC had dragged the Speaker, Oleyelogun, a Lawmaker, Felemu-Gud Bankole and one Mr Segun Oyadeyi to court for alleged misappropriation of N2.4million belonging to the State Assembly.

However, when the case came up for hearing, the defendants in their preliminary objection asked the Court to decline Jurisdiction and strike out the charges against them.

Also, they said the charge AK/106C/2022 filed by the EFCC is flawed, defective having not been initiated in due compliance with the process of the law.

 Emodamori noted that” In pursuance to the administration  of criminal justice law, we filled a preliminary objection to the effect that the current  position of the law today is that the EFCC has no power to prosecute  the defendants.

” Our objection is based on the provision of Section 3, 14 and 15 of the Ondo State Public Complaint, Financial Crimes and Anti Corruption Commission Law, 2022 that has been duly passed by the government of Ondo State  and the Section 3 of the law created  an equivalent  of EFCC in the State.

“The law is that, from that day that the law became operational, it is the Commission  created under the law that has the power to prosecute all cases related to financial crime and cases in the State.

“The new charge now is cut off by the new law of the land” .

But Counsel to the EFCC, Mr Fredrick Dibang said the court has jurisdiction because the State law is contrary to the acts of the National Assembly that establish EFCC.

The Judge, Justice Adegboyega Adebusoye fixed November 25 for the hearing of the objection.


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