A Federal High Court in Abuja has restrained the EFCC from prosecuting the promoter of Sunrise Power and Transmission Co Ltd, Leno Adesanya, on allegations bordering on the alleged $6 billion Mambilla Hydroelectric Power Project fraud.
Ruling on Monday, Justice Inyang Ekwo also gave an order of mandatory injunction compelling the EFCC to remove Adesanya’s name and photograph from its wanted list.
The order is pending the determination of the contractual dispute between the company and the Federal Ministry of Power and Steel.
The judge equally ordered that the anti-graft agency should remove all other negative content concerning Adesanya in connection with any criminal allegation associated with the contract.
He, however, refused to grant a relief seeking compensation in the sum of N1 billion against the defendants.
The EFCC had declared Adesanya wanted for “an alleged case of conspiracy and corrupt offer to public officers”.
The plaintiffs’ lawyer M.S Diri however sought a perpetual injunction restraining the EFCC from further action.
The lawyer submitted that in 2005 and 2006, former President Olusegun Obasanjo approved financial negotiations for the project, but to date, no funds had been disbursed by the Federal Government to the plaintiffs regarding the contract.
In response, the EFCC’s lawyer, Attah Ocholi, argued that evidence of criminal activity was established against the plaintiffs during the investigation, leading to charges being framed in a High Court.
Although the judge agreed with the EFCC’s argument that fundamental rights provided by the constitution are not absolute, he however held that the assertion did not serve as a defence against violation of fundamental rights that did not conform to constitutional provisions.
The judge further held that regarding the EFCC’s publication of Adesanya’s name and photograph as a “wanted person” on its website, he did not find any valid defence from the agency.
Justice Ekwo subsequently declared that the commission was not legally entitled to investigate, resolve or prosecute the contractual dispute between Sunrise Ltd and the Ministry of Power and the Federal Government, pending before the International Chamber of Commerce Court of Arbitration in Paris, under ICC Case Reference No. 26260/SPN/AB/CPB.
The EFCC is prosecuting Olu Agunloye, a former minister of power and steel during President Obasanjo’s administration, in an FCT High Court over the Mambilla hydropower contract.
