Former Minister of Power and Steel, Olu Agunloye, faced a setback in court on Wednesday, as Justice Jude Onwueguzie of the Federal Capital Territory High Court, sitting in Apo, Abuja, dismissed his preliminary objection challenging the powers of the Economic and Financial Crimes Commission to prosecute him.
Agunloye is facing prosecution by the EFCC on seven counts related to the suspected fraudulent Mambilla Power Project contract award totaling $6 billion.
On February 8, 2024, Agunloye, through his counsel, Adeola Adedipe (SAN), filed a motion challenging the EFCC’s powers to investigate and prosecute him and questioning the court’s jurisdiction to try him.
In response, the prosecution counsel, Abba Muhammed, filed a counter affidavit on February 22, 2024, dismissing Agunloye’s motion as incompetent and contrary to Section 115(2) of the Evidence Act.
Delivering the ruling, Justice Onwuegbuzie struck out Agunloye’s motion for lack of merit. He cited Sections 6 and 7 of the EFCC Establishment Act, 2004, which grant the Commission investigative and prosecutorial powers to handle economic and financial crimes.
“Since the charges against the defendant are economic and financial crimes in nature, the motion lacks merit and is hereby dismissed,” the judge ruled.
Addressing the legitimacy of the prosecution fiat obtained by the Commission from the Office of the Auditor-General instead of the Attorney-General of the Federation, the judge clarified that any state authority or person could initiate criminal prosecution in the absence of the AGF.
“Even without the seal of the Attorney-General of the Federation, the charge remains potent. The Attorney-General may delegate his powers to any member of his department to carry out his duties by law,” he stated.
The judge adjourned the matter till May 30, 2024, for continuation of the trial.
