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COMPOUNDING OF AN OFFENCE – WHETHER THE ECONOMIC AND FINANCIAL CRIMES COMMISSION IS EMPOWERED TO COMPOUND ANY OFFENCE PUNISHABLE UNDER ITS ACT

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“Now, section 14(2) and (3) of the Economic and Financial Crimes Commission (Establishment) Act, 2004 states:-

“14(2) Subject to the provisions of section 174 of the Constitution of the Federal Republic of Nigeria, 1999 (which relates to the power of the Attorney – General of the Federation to institute, continue,   takeover   or   discontinue criminal proceedings against any person in any court of law), the commission may compound any offence punishable under this Act by accepting such sums of money as it thinks fit, exceeding the maximum amount to which that person would have been liable if he had been convicted of that offence.

(3) All moneys received by the Commission under the provisions of subsection (2) of this section shall be paid into the Consolidated Revenue Fund of the Federation”.

From the above provisions, the appellant is empowered to do the following:-

  1. Compound any offence punishable under the EFCC Act (subject to the provision of section 174 of the Constitution of the Federal Republic of Nigeria (as amended).

2 By accepting such sums of money as it thinks fit

  1. However, such sums of money must exceed the maximum amount to which that person would have been liable if he had been convicted of that offence.
  2. Such money shall be paid into the Consolidated Revenue Fund of the Federation”.PER J.I.OKORO, J.S.C, in

    ECONOMIC AND FINANCIAL CRIMES COMMISSION V CHIEF PATRICK T. CHIDOLUE LER [2018]SC. 444/2011 https://legalpediaonline.com/economic-and-financial-crimes-commission-v-chief-patrick-t-chidolue/



   
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