Agunloye Vows To Challenge Abuja High Court’s Decision On EFCC’s Authority
Former Minister of Power and Steel, Dr. Olu Agunloye, has vowed to appeal the ruling of an Abuja High Court sitting in Apo, which dismissed his preliminary objection challenging the powers of the Economic and Financial Crimes Commission, EFCC, to prosecute him.
The High Court ruled that the EFCC has the powers to investigate and prosecute the alleged offences.
Agunloye said the ruling of the lower court was a total departure from the decision of the Supreme Court in FRN v. Nwobike, where similar issues have been decided by the apex court.
Recall that the EFCC is prosecuting Agunloye over a $6 billion Mambilla hydropower contract.
The anti-graft agency alleged that it traced some suspicious payments made by Sunrise Power and Transmission Ltd to Agunloye’s bank accounts.
Agunloye was arraigned on seven-count charges bordering on fraudulent award of a contract and official corruption.
In the preliminary objection, Agunloye had argued the EFCC lacks the powers to prosecute him because the offences levelled against him do not border on financial crime.
Challenging the charge, Agunloye in his affidavits, averred that “This is a threshold issue, in which I know that the court must first satisfy itself that there is requisite statutory powers in the EFCC to prosecute this charge, and competent jurisdiction in the court to entertain same.”
The former minister submitted that “It will be most unjust and unfair to subject me to criminal trial or prosecution, before determining whether the investigating and prosecuting body has the requisite statutory powers to so do.”
