Mambilla power project : Agunloye appeals court ruling

By Andrew Oota

The Suit filed by former minister of power and steel ,Dr Olu Agunloye in June 2023 to restrain the Economic and Financial Crimes Commission , EFCC from harassing him and breaching his fundamental rights because of the ongoing International Arbitration on Mambilla Power Project was on Monday, 18 March 2024 dismissed by Justice Obiora Egwuatu at the Federal High Court in Abuja.

The points made by Agunloye in the Civil Suit which had dragged for over nine months had become irrelevant or expired in reality because the EFCC, the Respondent, had, while the case was in progress, declared Agunloye wanted, detained and arraigned the former minister before another court and was remanded in prison custody until the court granted him bail.

The court under Justice Egwuatu, however, did not consider the merits of the case largely on the ground that EFCC has the power to carry out its statutory duties and can not be stopped by the Court. On this basis, Justice Egwuatu dismissed the suit and awarded costs.

Agunloye’s lawyers have expressed preparedness in respect of the appeal considering that the court admitted basing its ruling on the suit being “an attempt to use the instrumentality of the Court to shield the Applicant from criminal investigation and to interfere with the statutory authority of the Respondent to investigate crimes or allegations of same in line with the EFCC Act.”

It is believed that the duties of EFCC must be performed in accordance with the law, and the court has the powers to stop any infraction by the EFCC in the course of performance of its duties. Such does not amount to interference with the statutory duties of EFCC but a legal checkmate of its powers to deter likely abuse.

With Agunloye heading to appeal against the Judgement, the case is far from being over, and the Court of Appeal will take the opportunity to look at the case extensively.