On Monday, the FCT High Court declined to hear the preliminary objection raised by Olu Agunloye, a former Minister of Power and Steel, challenging the powers of the Economic Financial Crimes Commission to prosecute him for the alleged $6 billion Mambilla Hydroelectric Power Station fraud.

The court said the application was not ripe for hearing.

Justice Jude Onwuegbuzie subsequently adjourned the matter until February 26.

In the preliminary objection, Mr Agunloye, through his lawyer, Adeola Adedipe, SAN, is seeking an order prohibiting EFCC from prosecuting him.

He added that the agency lacked investigative and prosecutorial powers under sections 6, 7, and 46 of the Economic and Financial Crimes Commission Act, 2004.

Mr Agunloye also said the alleged offences were related to his activities as a public officer, where he was accused of awarding the contract without budgetary provision, approval, or cash backing.

The other charges, according to him, concern an alleged disobedience of the directives of the president of the Federal Republic of Nigeria and forgery of a letter dated May 22, 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,” he added.

Mr Agunloye was arraigned on seven counts bordering on the fraudulent award of a contract and official corruption in January 2024.

The EFCC alleged that on May 22, 2003, Mr Agunloye awarded a contract titled “Construction of a 3,960 MW Mambilla Hydroelectric Power Station on a Build, Operate and Transfer Basis” to Sunrise Power and Transmission Company Limited without any budgetary provision, approval, or cash backing.

Mr Agunloye was equally alleged to have corruptly received on August 10, 2019, N3.6 million from Sunrise Power and Transmission Company Limited and Leno Adesanya for having conveyed the “approval of the government of the Federal Republic of Nigeria for the construction of the 3,960 megawatt Mambilla Hydroelectric Power Station” in favour of SPTCL, which was done without the approval of the Federal Executive Council.

He, however, pleaded not guilty to the allegations preferred against him. 

(NAN)