A former Minister of Power and Steel, Olu Agunloye, has taken legal action to challenge the authority of the Economic and Financial Crimes Commission (EFCC) in prosecuting him for alleged involvement in a $6 billion contract fraud case.
Agunloye, who served as a minister between 1999 and 2003 under former President Olusegun Obasanjo's administration, faces accusations of complicity in illegally awarding a contract for the construction of a 3,960 megawatts Mambilla Hydroelectric Power Station on a Build, Operate and Transfer Basis. The EFCC claims that the contract, awarded to Sunrise Power and Transmission Company Limited, was done without proper budgetary provision, approval, or cash backing.
Additionally, Agunloye is alleged to have received a kickback of N3.6 million from the company to which he awarded the contract. However, he has pleaded not guilty to the seven-count charge against him.
During the court proceedings, Agunloye filed a motion challenging the EFCC's authority to try him over the alleged offenses. He argued that the agency lacked both the investigative and prosecutorial powers under the EFCC Act of 2004 to initiate the case against him. Furthermore, he contended that the charges against him did not constitute financial crimes that fall within the EFCC's jurisdiction, citing a Supreme Court decision in Nwobike v. Federal Republic of Nigeria (2022).
Meanwhile, Agunloye has also filed another motion seeking an order to restrain the EFCC from harassing or intimidating his sureties. He alleges that the EFCC's actions are aimed at pressuring his sureties to withdraw their support, thus hindering his defense in the case.
The trial judge has adjourned the matter until February 26, 2024, to hear Agunloye's applications and address the issues raised regarding the EFCC's authority and the treatment of his sureties.
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