The Economic and Financial Crimes Commission (EFCC) has said that the Office of the Attorney-General of the Federation has the constitutional power to take over any criminal case at any stage of investigation.
Tony Orilade, the spokesman of the commission, made this known in an interview with the News Agency of Nigeria (NAN) in Abuja on Sunday.
Mr Orilade was reacting to the takeover of the case of alleged N25 billion fraud filed against former Gombe State Governor, Danjuma Goje by the commission.
“And that is exactly what has happened”.
The OAGF had on Friday taken over the case of alleged N25 billion fraud filed against Sen. Goje (APC-Gombe Central).
Mr Goje was until Thursday last week, a contender for the post of the President of the Senate.
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 take over and continue any such proceedings that may have been instituted by any other authority or person”.
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.