The Sokoto High Court presided over by Justice Mohammed Mohammed has struck out the case instituted against Senator Umar Tafida by the Economic and Financial Crimes Commission (EFCC).
Tafida was charged for alleged criminal breach of trust.
Delivering his judgement, Justice Mohammed averred that, the case was not initiated on the due process of law because the case was purely civil transactions based on the business contract entered by Sokoto State Government and Hijrah Textiles via Memorandum of Understanding signed by two mutual partners.
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“It is clearly based on the business contract signed by the partners who have joint responsibilities of providing funds for working capital and as may be required for the operations of the company based on the ratio of the shareholdings or ownership structure.
“The money paid to Hijrah Textiles is for the purchase of 40% shares or equity shareholding. In case of any disagreement between the shareholders, the Memorandum of Understanding has defined steps to address any disagreement and the Memorandum of Understanding is still open,” he affirmed
According to Mohammed, EFCC has no business in delving into civil cases of this nature.
He also advises EFCC to critically examine all the petitions sent to them to see which ones were within their jurisdiction and to be bold enough to inform any petitioner if his petition did not fall within their jurisdiction no matter how beautifully the petition is crafted.
Justice Mohammed however, struck out the case and discharged the defendant.
However, one of the lawyers of the EFCC who spoke on condition of anonymity said they would appeal against the judgement.
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