The Economic and Financial Crimes Commission (EFCC) says it has powers based on judicial precedents to prosecute ex-minister of power and steel Olu Agunloye over alleged $6 billion Mambilla hydroelectric power plant.
The agency arraigned Agunloye before Justice Jude Onwuegbuzie of an FCT High Court in Apo, Abuja on a seven-count charge bordering on forgery, disobedience of presidential order and corruption.
Agunloye pleaded not guilty to the charges and filed a preliminary motion on notice on February 8, 2024, questioning EFCC’s powers to probe and prosecute him.
Responding in its counter-affidavit, the EFCC said the case of Nwobike vs FRN relied on by the defence to claim that it (EFCC) has no such power ro prosecute him was quite different from the present case involving the former minister.
It added that the Nwobike’s case was filed before the Lagos State High Court for attempt to pervert cause of justice, an offence under the Criminal Law of Lagos State, while Agunloye’s case borders on offences under the Corrupt Practices and Other Related Offences Act and Penal Code.
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Furthermore, the commission argues that Agunloye is charged with offences bordering on conspiracy to forge, forgery and disobedience to presidential directive, contrary to provisions of Penal Code Law.
The EFCC further argues that Agunloye is also charged before the court with bribery and corruption, contrary to ICPC Act and therefore allegations of economic and financial crime in nature unlike what was decided in Nwobike vs FRN.
It also argues that the Court of Appeal has decided that it (EFCC) can prosecute offences under the ICPC Act, while Section 7 of EFCC Act also empowers the commission to prosecute offences under Criminal Code, Penal Code, among others.
In another development, Agunloye has alleged that EFCC is intimidating and harassing the two persons who stood as sureties for him after being granted bail by the court on January 11, 2024.
The allegation is contained in his motion on notice, marked M/3797/2024, seeking an order of interlocutory injunction restraining the commission from further inviting, intimidating and harassing the current sureties currently standing for him, pending gearing and determination of the charge before the court.
The former minister also sought an order varying the bail conditions granted to him by substituting “each surety must furnish evidence of ownership of a property with C of O worth N300 million within Maitama District, FCT” to “any person who has property within the Federal Capital Territory, Abuja or on a more liberal term.”
