Court Rules Dikko Cannot Be Tried Cos Of N1.5 Billion Plea Deal With FG

The refund of N1.5 billion into the Federal Government treasury by the erstwhile Comptroller-General of Customs, Abdullahi Dikko is enough reason to stop his trial on other allegations of fraud, a Federal High Court sitting in Abuja, determined on Monday.

The court specifically asked the Economic and Financial Crimes Commission, EFCC, to stop the planned prosecution of Dikko, over alleged diversion of public funds.

Justice Nnamdi Dimgba who granted the order following a suit filed by Dikko to challenge moves by the EFCC to prosecute him despite the plea bargain arrangement he reached with the Federal Government.

Justice Dimgba in his ruling affirmed that the subsisting non-prosecution agreement between the Attorney-General of the Federation, Abubakar Malami, SAN, and Dikko was also binding on the EFCC.

Court processes revealed that Dikko paid the N1.5 billion, being proceeds from alleged acts of corruption, as part of a plea bargain agreement with the Federal Government.

In ordering the EFCC to stop the prosecution Justice Dimgba observed that the AGF who signed the agreement with Dikko did not oppose the suit the former CG filed.

Observing that section 174 of the 1999 Constitution, as amended, invested the AGF with wide powers and discretion on prosecutions, the judge said that EFCC being a subordinate body could not countermand an agreement entered into by the AGF.

He also dismissed as untenable the EFCC’s claim that the fresh prosecution of Dikko was upon a fresh petition received by it.

The judge also flayed what he described as the seeming poor coordination between the AGF and the EFCC over prosecutions describing it as unhealthy and unhelpful.

“There is a need for government to speak in one voice and not in different tunes that appear to be discordant,” the judge observed.

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