Former Minister of Power and Steel, Dr. Olu Agunloye, has announced plans to appeal a Federal Capital Territory (FCT) High Court ruling in Apo, which dismissed his preliminary objection against the Economic and Financial Crimes Commission (EFCC). The court upheld the EFCC's authority to investigate and prosecute Agunloye.
Agunloye’s legal team contended that the ruling contradicts the Supreme Court decision in the case of FRN v. Nwobike, where similar jurisdictional issues were addressed. The EFCC is prosecuting Agunloye in relation to a $6 billion Mambilla hydropower contract, alleging that suspicious payments were made to his accounts by Sunrise Power and Transmission Ltd. Agunloye faces a seven-count charge involving fraudulent contract awards and official corruption.
In a preliminary objection dated February 6, Agunloye argued that the EFCC lacks the authority to prosecute him since the alleged offenses do not constitute financial crimes. He stated that the accusations pertain to the awarding of contracts without budgetary provision, approval, and cash backing, as well as disobedience to presidential directives.
“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 EFCC (Establishment) Act and in consonance with the Supreme Court’s decision in Nwobike v. Federal Republic of Nigeria (2022) 6 NWLR (Pt. 1826) 293,” Agunloye argued.
Agunloye emphasized that it would be unjust to subject him to criminal prosecution before confirming the EFCC’s statutory authority to investigate and prosecute the case. He is seeking an order to prohibit the EFCC from continuing the prosecution, arguing that the commission lacks both investigative and prosecutorial powers in this matter.
