$6bn Hydropower Project: Court dismisses ex-minister’s rights enforcement suit against EFCC

$6bn Hydropower Project: Court dismisses ex-minister’s rights enforcement suit against EFCC
March 19, 2024

$6bn Hydropower Project: Court dismisses ex-minister’s rights enforcement suit against EFCC

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The former Minister of Power and Steel had urged the court to stop EFCC from inviting or interrogating him over the $6 billion Mambilla Hydropower Project.

The Federal High Court in Abuja, on Monday, dismissed a suit filed by a former Minister of Power and Steel, Olu Ogunloye, alleging abuse of his fundamental rights and seeking to be shielded from investigation and prosecution by the Economic and Financial Crimes Commission (EFCC).

The judge, Obiora Egwuatu, dismissed suit for lacking in merit and awarded a cost of N500,000 against him and in favour of the EFCC, the commission said in a statement capturing the court’s judgement on Monday.

Suit
Mr Agunloye, 75, had, in the suit, sought an order of court against his invitation, interrogation and prosecution by the EFCC in connection with the alleged award of the controversial $6 billion hydropower contract in 2003 to Sunrise Power and Transmission Company Limited (SPTCL).
He allegedly awarded the contract in his capacity as the Minister of Power and Steel during the administration of then-President Olusegun Obasanjo without the approval of the Federal Executive Council

$6bn Hydropower Project: Court dismisses ex-minister’s rights enforcement suit against EFCC

$6bn Hydropower Project: Court dismisses ex-minister’s rights enforcement suit against EFCC

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The former Minister of Power and Steel had urged the court to stop EFCC from inviting or interrogating him over the $6 billion Mambilla Hydropower Project.

The Federal High Court in Abuja, on Monday, dismissed a suit filed by a former Minister of Power and Steel, Olu Ogunloye, alleging abuse of his fundamental rights and seeking to be shielded from investigation and prosecution by the Economic and Financial Crimes Commission (EFCC).

The judge, Obiora Egwuatu, dismissed suit for lacking in merit and awarded a cost of N500,000 against him and in favour of the EFCC, the commission said in a statement capturing the court’s judgement on Monday.

Suit
Mr Agunloye, 75, had, in the suit, sought an order of court against his invitation, interrogation and prosecution by the EFCC in connection with the alleged award of the controversial $6 billion hydropower contract in 2003 to Sunrise Power and Transmission Company Limited (SPTCL).
He allegedly awarded the contract in his capacity as the Minister of Power and Steel during the administration of then-President Olusegun Obasanjo without the approval of the Federal Executive Council.

The charges also include receiving the sum of N3.6 million through his Guaranty Trust Bank account no.0022530926 from Sunrise Power and Transmission Company Limited (SPTCL) in 2019.

The former minister, in his suit, alleged that his invitation and interrogation was “arbitrary, malicious, unconstitutional, unlawful and constitute a gross violation” of his right to “dignity of human person, personal liberty and freedom of movement.”

He prayed the court “to restrain the EFCC from arresting, detaining, harassing, further inviting, interrogating, or inviting in order to arrest and or detain him with respect to the award of contract to Sunrise Power and Transmission Company Limited.”

EFCC opposed suit
However, counsel for the EFCC, Abba Muhammed, argued in opposition to the suit that the anti-graft agency was statutorily empowered by law to cause investigations to be conducted “as to whether any person, corporate body or organisation has committed any economic and financial crime.”

The EFCC counsel further argued that the commission was simply investigating the role the applicant played in the award of the Mambila Project to Sunrise Power and Transmission Company.

He also said Mr Agunloye curiously jumped the administrative bail granted to him by EFCC on self-recognition, which he backed with a voluntary undertaking to provide a surety on or before 19 May 2023.

“The applicant refused to return to the office of the respondent on 19 May 2023, as undertaken by him, instead he vanished and later served the respondent with his application for enforcement of fundamental rights on the 22 June 2023 pending before this honorable court thereby seeking to be shielded from criminal investigation by this honorable court.”

Judgement
Dismissing the suit on Monday, the judge held that Mr Agunloye’s fundamental human right was not “abridged” as he claimed.

$6bn Hydropower Project: Court dismisses ex-minister’s rights enforcement suit against EFCC
March 19, 2024
12:15 pm
News

$6bn Hydropower Project: Court dismisses ex-minister’s rights enforcement suit against EFCC

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The former Minister of Power and Steel had urged the court to stop EFCC from inviting or interrogating him over the $6 billion Mambilla Hydropower Project.

The Federal High Court in Abuja, on Monday, dismissed a suit filed by a former Minister of Power and Steel, Olu Ogunloye, alleging abuse of his fundamental rights and seeking to be shielded from investigation and prosecution by the Economic and Financial Crimes Commission (EFCC).

The judge, Obiora Egwuatu, dismissed suit for lacking in merit and awarded a cost of N500,000 against him and in favour of the EFCC, the commission said in a statement capturing the court’s judgement on Monday.

Suit
Mr Agunloye, 75, had, in the suit, sought an order of court against his invitation, interrogation and prosecution by the EFCC in connection with the alleged award of the controversial $6 billion hydropower contract in 2003 to Sunrise Power and Transmission Company Limited (SPTCL).
He allegedly awarded the contract in his capacity as the Minister of Power and Steel during the administration of then-President Olusegun Obasanjo without the approval of the Federal Executive Council.

The charges also include receiving the sum of N3.6 million through his Guaranty Trust Bank account no.0022530926 from Sunrise Power and Transmission Company Limited (SPTCL) in 2019.

The former minister, in his suit, alleged that his invitation and interrogation was “arbitrary, malicious, unconstitutional, unlawful and constitute a gross violation” of his right to “dignity of human person, personal liberty and freedom of movement.”

He prayed the court “to restrain the EFCC from arresting, detaining, harassing, further inviting, interrogating, or inviting in order to arrest and or detain him with respect to the award of contract to Sunrise Power and Transmission Company Limited.”

EFCC opposed suit
However, counsel for the EFCC, Abba Muhammed, argued in opposition to the suit that the anti-graft agency was statutorily empowered by law to cause investigations to be conducted “as to whether any person, corporate body or organisation has committed any economic and financial crime.”

The EFCC counsel further argued that the commission was simply investigating the role the applicant played in the award of the Mambila Project to Sunrise Power and Transmission Company.

He also said Mr Agunloye curiously jumped the administrative bail granted to him by EFCC on self-recognition, which he backed with a voluntary undertaking to provide a surety on or before 19 May 2023.

“The applicant refused to return to the office of the respondent on 19 May 2023, as undertaken by him, instead he vanished and later served the respondent with his application for enforcement of fundamental rights on the 22 June 2023 pending before this honorable court thereby seeking to be shielded from criminal investigation by this honorable court.”

Judgement
Dismissing the suit on Monday, the judge held that Mr Agunloye’s fundamental human right was not “abridged” as he claimed.

The judge held that the investigation conducted by the EFCC was in line the Nigerian constitution and provisions of the EFCC Act, 2004.

The judge also commended the EFCC for the civility with which it treated Mr Agunloye and advised him to stop evading criminal investigation of the Commission as there was no fundamental right against criminal investigation.

The EFCC is prosecuting Agunloye on seven-count charges, bordering on fraudulent award of contract and official corruption to the tune of $6billion.

He was arraigned on Wednesday, 10 January 2024 before a judge of the Federal Capital Territory High Court in Apo, Abuja, J.O. Onwuegbuzie.

The EFCC is prosecuting Mr Agunloye, who served as a minister in the administration of former President Olusegun Obasanjo, on carges of forgery, disobedience of presidential order and corruption stemming from the Mambilla power contract.

The EFCC accused the former minister of awarding a contract for the construction of 3,960MW Mambilla Hydroelectric Power Station on build, operate and transfer basis to Sunrise Power and Transmission Company Limited without any budgetary provision, approval and cash backing.

The prosecution also alleged that it traced some suspicious payments made by Sunrise Power and Transmission Company Limited to the former minister’s accounts.

The defendant, however, pleaded not guilty to the charges preferred against him.