The FCT High Court refused to entertain the preliminary objection raised by Olu Agunloye, a former Minister of Power and Steel, that would stop the Economic and Financial Crimes Commission (EFCC) from prosecuting him for the alleged $6 billion Mambilla Hydroelectric Power Station fraud.
The court deemed the application unready for hearing on Monday, leading to its postponement to February 26, as decided by Justice Jude Onwuegbuzie.
Through his attorney, Adeola Adedipe, SAN, Mr. Agunloye is requesting an order in the preliminary objection that forbids the EFCC from bringing charges against him.
In accordance with sections 6, 7, and 46 of the Economic and Financial Crimes Commission Act, 2004, he continued, the agency was not authorized to conduct investigations or bring criminal charges.
Mr. Agunloye added that the charges were connected to his work as a public servant, alleging that he awarded the contract without consulting the budget, getting consent from the executive branch, or providing financial support.
The other allegations, he said, were allegedly forging a letter dated May 22, 2003 and disobeying the president of the Federal Republic of Nigeria’s orders.
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“These allegations do not constitute financial crimes, which can be lawfully investigated and prosecuted by the EFCC, pursuant to its powers under sections 6, 7, and 46 of the Economic and Financial Crimes Commission (Establishment) Act and in consonance with the Supreme Court’s decision in Nwobike v. Federal Republic of Nigeria (2022) 6 NWLR (Pt. 1826) 293,” he added.
In January 2024, Mr. Agunloye was charged with seven felonies related to contract fraud and official misconduct.
The EFCC said that on May 22, 2003, Mr. Agunloye gave Sunrise Power and Transmission Company Limited a contract for the “Construction of a 3,960 MW Mambilla Hydroelectric Power Station on a Build, Operate and Transfer Basis” without consulting anyone or providing any funding.
According to allegations, Mr. Agunloye also received N3.6 million on August 10, 2019, through corrupt means from Sunrise Power and Transmission Company Limited and Leno Adesanya. These individuals had given SPTCL the go-ahead for the construction of the 3,960 megawatt Mambilla Hydroelectric Power Station, without the Federal Executive Council’s consent.
Nonetheless, he entered a not guilty plea to the charges brought against him.
