A Federal High Court sitting in Abuja has adjourned the case involving former Minister of Power and Steel, Dr. Olu Agunloye, in relation to the $6 billion Mambilla Hydropower Project contract, to June 10. The adjournment follows a request for more time by Agunloye’s legal team.
During the latest court session, the Economic and Financial Crimes Commission (EFCC) proposed to bring in a former staff member of Guaranty Trust Bank (GTBank) as a key witness. This move prompted Agunloye’s lawyer to request additional time to reassess their legal strategy in light of the new witness.
The EFCC has been investigating the awarding of the Mambilla Hydropower Project contract, alleging that there were irregularities and misconduct in the process.
Agunloye, who served as the Minister of Power and Steel during the time the contract was awarded, faces accusations related to financial improprieties and abuse of office. His defense team has consistently maintained his innocence, arguing that the contract processes followed due legal and administrative procedures.
The inclusion of the former GTBank staff as a witness is seen as a strategic move by the EFCC to strengthen its case. The witness is expected to provide crucial testimony regarding the financial transactions and agreements associated with the hydropower project. This development has added a new layer of complexity to the trial, necessitating the defense’s request for additional time to prepare.
Presiding over the case, the Judge acknowledged the defense’s request and granted the adjournment, emphasizing the need for a fair trial where both parties have adequate time to prepare their arguments. The judge urged both the prosecution and defense to ensure they are fully ready to proceed with the case on the new date.
The adjournment to June 10 allows Agunloye’s legal team to reassess their position and strategy in response to the EFCC’s latest move. As the trial continues, it remains a focal point of national interest, given the Mambilla Hydropower Project’s potential impact on Nigeria’s energy sector and economic development.
Recall that the Court has earlier dismissed Dr. Agunloye’s preliminary objection challenging the Economic and Financial Crimes Commission’s (EFCC) authority to prosecute him. It affirmed the EFCC’s jurisdiction to investigate and prosecute the alleged offences leveled against Agunloye.
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, citing precedent from the Supreme Court’s decision in Nwobike v. Federal Republic of Nigeria.
“The alleged offences in this charge, bother on my activities as a public officer, on the alleged award of contract without budgetary provision, approval and cash backing,” Agunloye told the court.
“It also bothers on alleged disobedience of the directives of the president of the Federal Republic of Nigeria and forgery of a letter dated 22nd May 2003.
“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 had argued before the court.
