The Federal High Court has rejected the preliminary objection filed by former Minister for Power, Dr. Olu Agunloye, challenging the authority of the Economic and Financial Crimes Commission (EFCC) to prosecute him. The ruling, delivered on Wednesday, affirmed the EFCC’s jurisdiction to investigate and prosecute the alleged offences leveled against Agunloye.
During the proceedings, the court reiterated that the EFCC possesses the necessary powers to pursue legal action in cases involving financial crimes. However, it is noteworthy that Agunloye expressed disagreement with the ruling, citing a departure from a previous decision by the Supreme Court in FRN v. Nwobike, where similar issues were adjudicated.
The EFCC had brought charges against Agunloye in connection with a $6 billion Mambilla hydropower contract, alleging suspicious payments from Sunrise Power and Transmission Ltd to Agunloye’s bank accounts.
The charges against Agunloye include seven counts related to the fraudulent award of a contract and official corruption. In his preliminary objection dated February 6, Agunloye argued that the EFCC lacked the authority to prosecute him, asserting that the alleged offences did not constitute financial crimes. He contended that the charges primarily pertained to his actions as a public officer, including alleged contract awards without budgetary provisions, approval, and cash backing, as well as disobedience of presidential directives and forgery.
Agunloye maintained that the EFCC’s purported investigation and prosecution exceeded its statutory powers, as outlined in Sections 6, 7, and 46 of the Economic and Financial Crimes Commission (Establishment) Act, referencing precedent from the Supreme Court’s decision in Nwobike v. Federal Republic of Nigeria.
“The alleged offences in this charge pertain to my activities as a public officer, including the alleged award of a contract without budgetary provision, approval, and cash backing,” Agunloye stated before the court. “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.”
“Not having the mandatory statutory powers to investigate the allegations in this charge ab initio, I know that the purported investigation and current prosecution of this Charge by the EFCC is ultra vires its powers,” Agunloye argued.
