Court rules destruction of beer bottles as economic sabotage, orders EFCC to act

THE NIGERIA LAWYER

The Federal High Court in Abuja has declared that the destruction of beer bottles in some parts of Nigeria constitutes an act of economic sabotage.

The court’s verdict, delivered by Justice Emeka Nwite on May 20, 2023, came in response to a suit filed by activist Sesugh Akume against the Attorney-General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC).

The ruling bears particular significance for Kano State, where the Islamic police, known as Hisbah, have been known to seize and destroy alcoholic beverages as part of their efforts to combat social vices. In 2022 alone, the Kano Hisbah reportedly destroyed over three million bottles of assorted beer.

In his judgment, Justice Nwite emphasized that the EFCC has a duty to investigate and prosecute any act that constitutes economic sabotage. The court held that the EFCC should prevent, investigate, and prosecute the destruction and wasting of alcoholic beverages.

Justice Nwite stated, “It is the contention of the applicant that the 2nd respondent (i.e., 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, the state(s) of the federation, and the local government [system] inclusive of Kano state.”

The court’s decision marks a significant development in Nigeria’s legal landscape. As Justice Nwite noted, “This case (possibly) for the very first time in Nigeria establishes that breaking bottles of alcoholic beverages and wasting its content is an act of economic sabotage (along with its consequences) and further establishes the duty of the EFCC to prevent, investigate, and prosecute such actions.”

The ruling sets a precedent for how such practices should be viewed and handled by law enforcement agencies.