Former Minister of Power and Steel, Olu Agunloye, faced a legal setback on Wednesday, May 15, 2024, when Justice Jude Onwuegbuzie of the Federal Capital Territory High Court in Apo, Abuja, dismissed his preliminary objection challenging the Economic and Financial Crimes Commission’s (EFCC) authority to prosecute him.
Agunloye is accused of involvement in a fraudulent $6 billion contract related to the Mambilla Power Project. He faces seven charges brought by the EFCC.
On February 8, 2024, Agunloye’s counsel, Adeola Adedipe (SAN), filed a motion questioning the EFCC’s jurisdiction to investigate and prosecute him. In response, EFCC counsel Abba Muhammed filed a counter affidavit on February 22, 2024, arguing that Agunloye’s motion was incompetent and contrary to Section 115(2) of the Evidence Act.
Justice Onwuegbuzie ruled against Agunloye’s objection, citing Sections 6 and 7 of the EFCC Establishment Act, 2004, which empower the Commission to investigate and prosecute economic and financial crimes.
“The EFCC is charged with the investigation and prosecution of all economic and financial crimes, including contract scams, money laundering, and advance fee fraud. Since the instant charges brought against the defendant are economic and financial crimes in nature, the motion brought by the defendant lacks merit and is hereby dismissed,” the judge stated.
Addressing the legitimacy of the prosecution fiat obtained from the Office of the Auditor-General rather than the Attorney-General of the Federation (AGF), Justice Onwuegbuzie affirmed that “other state authorities or individuals could institute criminal prosecution if the AGF is unavailable.”
“Even if the charge has no seal of the Attorney-General of the Federation, that does not stop the potency of the charge. The Attorney-General may delegate his powers to any member of his department to carry out his duties by law,” he explained.
The court adjourned the case to May 30, 2024, for the continuation of the trial. This decision allows the EFCC to proceed with its prosecution, reinforcing its mandate to combat economic and financial crimes in Nigeria.