This case (possibly) for the very first time in Nigeria establishes that breaking bottles of alcoholic beverages and wasting it’s content is an act of economic sabotage (along with its consequences), and further establishes the duty of EFCC to prevent or investigate and prosecute such actions.
In judgement delivered by the Honourable Mr Justice Emeka Nwite of the Federal High Court Abuja (Court 9) on 20 May 2024—whose certified true copy was obtained today—the court declared that breaking bottles of alcoholic beverages and wasting the contents, for whatever reason, is economic sabotage.
On pages 13 (paragraphs 4 and 5) and 14 (paragraph1) of the judgement in the matter of of Sesugh Akume v Attorney-General and Economic and Financial Crimes Commission (EFCC)(with suit number FHC/ABJ/CS/275/2021)the court held that:
‘…it is the contention of the applicant that the 2nd respondent [ie EFCC] ought to investigate the common act of Kano State Government in seizing, breaking and extravagantly pouring away the liquid content of bottles which forms part of the Value Added Tax being shared by the federal government between it, state[s] of the federation and the local government [system] inclusive of Kano State.
‘Now, economic sabotage Nigeria as a ‘nation’ must not tolerate and must be frowned at indeed. The 2nd respondent is duty bound to put a check and stop any act of economic sabotage to the nation.’ However, such must be done according to laid down rules and procedure.’
This case (possibly) for the very first time in Nigeria establishes that breaking bottles of alcoholic beverages and wasting it’s content is an act of economic sabotage (along with its consequences), and further establishes the duty of EFCC to prevent or investigate and prosecute such actions.
I thank learned counsel, Rodney Adzuanaga, Esq., Daniel Awuapila, Esq., and Gwaza Shenge, Esq., for their legal skills and diligence in pursuing this matter.
Sesugh Akume
16 August 2024
Abuja