A Federal Capital Territory High Court sitting in Apo, Abuja, on Monday, declined to hear the preliminary objection by Olu Agunloye challenging the power of the Economic Financial Crimes Commission to prosecute him on the alleged $6bn Mambilla Hydroelectric Power Station fraud.
The court said the application was not ripe for hearing.
The trial judge, Jude Onwuegbuzie, subsequently adjourned the matter till February 26, 2024.
In the preliminary objection, Agunloye through his lawyer, Adeola Adedipe, is seeking an order prohibiting the EFCC from prosecuting or further prosecuting the instant charge against him.
He added that the commission lacks both investigative and prosecutorial powers under Sections 6, 7 and 46 of the EFCC Act, 2004.
Agunloye also said the alleged offences in the charge were on his activities as a public officer where he was alleged to have awarded the contract without budgetary provision, approval, and cash backing.
The charges against Agunloye revolve around his actions as a public officer, specifically allegations of awarding contracts without the necessary budgetary provision, approval, and cash backing.
Additionally, Agunloye is accused of disobeying directives from the President and forging a letter dated May 22, 2003, further complicating the case.
This case has drawn significant attention due to the magnitude of the alleged fraud involving the Mambilla Hydroelectric Power Station project, a key initiative expected to significantly bolster Nigeria’s power generation capacity.
“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.
Agunloye was arraigned on seven charges bordering on fraudulent award of a contract and official corruption in January 2024.
