The Economic and Financial Crimes Commission (EFCC) has informed an? Abuja High Court that the former Speaker of House of Representatives, Hon. Dimeji Bankole was charged to court for acts relating to his administrative functions and not on the basis of legislative functions of the House.
In a reply to Bankole’s objection challenging his trial, the commission said that the ex-speaker was facing trial for illegal collection of the N38 billion loan not as a speaker or a legislator, but as a member or the Head of the Body of Principal Officers.
Bankole had told the court that by virtue of the legislative Houses (powers and privileges) Act, no court of law could try him.
The former speaker added that the EFCC did not obtain the fiat of the Attorney-General of the Federation (AGF) at the time of filing the charge.
But the EFCC had inc a response filed yesterday by its lawyer, Mr. Festus Keyamo, claimed that the EFCC and any other law enforcement agencies could directly initiate criminal prosecution against anyone without the fiat of the AGF.
According to the EFCC, the onus lies on Bankole to show that Keyamo did not in the first place obtain the fiat of the AGF to prosecute him.
EFCC said it had earlier obtained a general permission from AGF in respect of prosecutions and that the accused lack the capacity to question that.
The commission went further to state that it was only the AGF that could appear before the court to deny the authority of the prosecution.
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