Alleged N6bn Mambilla Power Project Fraud: Court Dismisses Agunloye’s Fundamental Rights’ Suit Against EFCC

The Federal High Court, Abuja, has dismissed an application from 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.

Ogunloye is standing trial for allegedly receiving the sum of N3.6m through his Guaranty Trust Bank account no.0022530926 from Sunrise Power and Transmission Company Limited (SPTCL) in 2019 and Leno Adesanya for conveying the ‘approval of the Government of the Federal Republic of Nigeria for the construction of the 3,960 megawatts Mambilla Hydroelectric Power Station’ in favour of SPTCL, which was done without the approval of the Federal Executive Council.

He was arraigned before Justice O. Egwuatu of the Federal High Court, Abuja, by EFCC on seven charges bordering on fraudulent award of a contract and official corruption in January 2024.

However, in the fundamental rights application filed by Ogunloye, he sought the pronouncement of the court against his invitation, interrogation and prosecution by the EFCC in connection with the alleged award of N6bn contract in 2003 to SPTCL, in his capacity as Minister of Power and Steel without the approval of the Federal Executive Council.

He claimed 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 further 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.”

However, counsel to the EFCC, Abba Muhammed, in a counter-affidavit informed the court that the EFCC 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 also pointed out 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 further disclosed that Ogunloye jumped the administrative bail EFCC granted him on self-recognition, which he backed with a voluntary undertaking to provide a surety on or before May 19, 2023.

He said: “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 honourable court thereby seeking to be shielded from criminal investigation by this honourable court.”

Justice Egwuatu in his ruling dismissed the fundamental right suit against the EFCC and awarded a cost of N500k in favour of the Commission against Oguloye.

The judge also said Ogunloye’s fundamental human right was not bridged and that the investigation conducted by the EFCC was in line with the Constitution of the Federal Republic of Nigeria and provisions of the EFCC Act, 2004.

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