The Federal Capital Territory High Court in Apo, Abuja, has rejected a former Minister of Power and Steel, Olu Agunloye‘s objection to the Economic and Financial Crimes Commission, EFCC, prosecuting him.
Justice Jude Onwuegbuzie stated that the EFCC can investigate and prosecute economic and financial crimes according to Sections 6 and 7 of the EFCC Establishment Act, 2004.
Agunloye is facing prosecution by the EFCC on a seven-count charge related to a suspected fraudulent Mambilla Power Project contract worth $6 billion.
Despite Agunloye’s motion challenging the EFCC’s power to investigate and prosecute him and the court’s jurisdiction to try him, Justice Onwuegbuzie ruled in favour of the EFCC, dismissing Agunloye’s motion for lack of merit.
The judge also addressed 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 (AGF).
He stated that any other state, authority, or person was eligible to institute criminal prosecution in the absence of the AGF.
The judge adjourned the matter until May 30, 2024, for the continuation of the trial.
On February 8, 2024, Agunloye had through his counsel, Adeola Adedipe (SAN) filed a motion challenging the powers of the EFCC to investigate and prosecute him as well as that of the jurisdiction of the court to try him.
In response, prosecution counsel, Abba Muhammed, filed a counter affidavit, dated February 22, 2024, where he dismissed Agunloye’s motion as incompetent and offensive to the provisions of Section 115(2) of the Evidence Act.
