UGOCHUKWU ANTHONY OGAKWU, JCA (DELIVERING THE LEAD JUDGMENT): This appeal is against the decision of the Federal High Court, Port Harcourt Judicial Division in SUIT NO. FHC/PHC/CS/78/2007: ATTORNEY GENERAL FOR RIVERS STATE vs. THE ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC) & 3 ORS. The 1st Respondent herein, as Plaintiff before the Federal High Court, Port Harcourt Judicial Division (hereinafter the lower Court) commenced the action by Originating Summons for the determination of questions on the interpretation of the judgment of the High Court of Rivers State in SUIT NO. PHC/114/2007: ATTORNEY GENERAL, RIVERS STATE vs. THE SPEAKER, RIVERS STATE HOUSE OF ASSEMBLY & ORS. delivered on 16th February 2007, vis-à-vis the provisions of Sections 120, 121, 122, 124, 125, 128 and 188 of the 1999 Constitution, as well as the interpretation of the provisions of Section 7 of the Economic and Financial Crimes Commission (Establishment) Act.
Upon the determination of the said questions, the 1st…