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MAMBILLA: “I Did Not Commit Any Financial Crime”, Agunloye Raises Preliminary Objection
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In the preliminary objection raised in the ongoing trial instituted against him by the Economic and Financial Crimes Commission (EFCC) regarding infractions in the alleged $6 billion Mambilla Hydroelectric Power Station in Taraba, former minister of power and steel, Dr. Olu Agunloye, has said he did not commit any financial crime.
This and more unfolded during the sitting at the Federal High Court, Abuja, on Monday, April 22nd, before Justice Jude Onwuegbuzie.
Below is the account of the court proceedings.
“I did not commit any financial crime”, Agunloye raises preliminary objection
In raising a preliminary objection, Dr. Olu Agunloye, former Minister of Power and Steel currently standing trial in Abuja, has told the court that he did not commit any financial crime and so EFCC cannot prosecute him on the Mambilla power project, which is now subject of ongoing international arbitration in France between Sunrise Power and Transmission Company Limited and the Federal Government of Nigeria.
The Mambilla project was initially awarded to Messrs Sunrise by Dr Agunloye as a Build Operate and Transfer (BOT) contract at zero cost to the FGN when he was a Minister in May 2003. However, between June 2003, when Agunloye ceased to be a Minister, and October 2022, multiple complex developments between Messrs Sunrise and the FGN have led the parties to an International Arbitration at which Messrs Sunrise submitted claims for breach of agreements and damages against Nigeria and for which FGN filed a Statement of Defence and consequently to corroborate its Defence at the Arbitration, the FGN proceeded to charge Dr Agunloye with criminal offences for the award of the 2003 BOT contract to Sunrise.
The Agunloye trial sat again on Monday, 22 April 2024 for hearing of the Defendant’s pending motion on notice challenging the jurisdiction of EFCC to investigate and prosecute the extant charge before the court considering the Supreme Court decision in NWOBIKE v. FRN (2021).
At this court session, Agunloye and EFCC joined issues on the Preliminary Objection raised by Agunloye who had filed that the EFCC is not competent to try him because (a) he has not committed any financial crimes, (b) that the seven charges raised by EFCC against him are not covered by the EFCC Act and (c) that his prosecution by EFCC was not supported by a valid and legal Fiat.
In respect of the Preliminary Objection, the Defence Counsel adumbrated on the motion by referring the court to the EFCC Act, more particularly Sections 7(1) and (2) which mandate the EFCC to cause investigations into offences under the act relating to economic and financial crimes, and or serve as the coordinating agency for the enforcement of the Money Laundering Act, the Advance Fee Fraud and other Related Offences Act, the Failed Bank (Recovery of Debt and Financial Malpractices in Banks) Act, the Banks and Other Financial Institutions Act, the Miscellaneous Offences Act, and any other law or regulations relating to economic and financial crimes. The Defence Counsel placed emphasis on section 7(2) (f) EFCC Act which says that the EFCC shall enforce or prosecute any other law or regulation relating to economic and financial crime only.
Defence Counsel argued that the offences in the charges against Agunloye have no nexus whether proximately or remotely to economic and financial crimes. The charges, for instance, of forgery of a letter written and signed by Agunloye as a serving Minister can be taken by police or ICPC. The Counsel cited that in the case of Nwobike v. FRN, the Supreme Court had delimited the powers of EFCC that they can only investigate and prosecute economic and financial crimes.
The defence lawyers also argued that EFCC did not obtain a lawful or valid fiat from the Attorney General of the Federation to prosecute Agunloye. The lawyers argued that the criminal charges filed by EFCC against Agunloye on 7 September 2023 were done with a fiat issued by the Solicitor General when there was a substantive Attorney General of the Federation on seat.
However, the leading counsel for EFCC placed heavy reliance on the fiat issued by the Solicitor General insisting that it was same as from the office of the Attorney General of the Federation which was then being manned by the office of the Solicitor General in an acting capacity at the time of issue of the Fiat in August 2023. However, defence lawyers countered EFCC’s argument and referred the court to Section 174 of the Constitution of Nigeria which stipulates that only the Attorney General of Federation has the power to issue a fiat for the prosecution of a charge, not the Solicitor General or any other law officer.
The defence further argued that the failure of the sitting Attorney General of the Federation, as of 7 September 2023 when the case was filed at the FCT High Court, to ratify the fiat issued by the Solicitor General in August 2023, or reissue a new fiat simply invalidates the purported fiat upon which EFCC relies to investigate and prosecute charges against Agunloye.
Agunloye’s lawyers urged the court to note that the argument of EFCC that it could prosecute under the ICPC Act was not expressly mentioned in the EFCC Act or anywhere else. Agunloye’s lawyers on relying on the purposive rule of construction, intention of legislative drafting, insisted that if the draftsmen of EFCC Act had contemplated that EFCC could or would prosecute under the ICPC Act, it would have listed the ICPC Act expressly under sub 7(2) of the EFCC Act being a latter legislation but it did not, which means it was not contemplated. And therefore, EFCC must be delimited and circumscribed to economic and financial crimes as is stipulated in its Enabling Act of 2004 and upheld by the Supreme Court in 2021.
The defence lawyers pointed out that the EFCC’s reference to the case of AUDU v. FRN (2018), a Court of Appeal decision relied upon by the prosecution in their written address is not applicable because the argument in the case AUDU v. FRN (2018) does not imply that EFCC could prosecute under ICPC Act or any other law, but that it must be circumscribed to economic and financial crimes. The applicability of the decision in Audu v. FRN has no bearing to the defendant’s case because the offences charged before this court are not economic and financial crimes. The defence counsel pointed out than even if EFCC can prosecute under the ICPC Act, it must be strictly with respect to economic and financial crimes.
The defence lawyers further referred the Court to the case of YAKUBU v. FRN (2009) where the Court of Appeal held that cases on alleged corruption must be investigated by the ICPC, and where such corruption by a public officer extends to breach a financial regulation or legislation by such a public officer, the ICPC shall have the authority to prosecute same.
In adumbration of its position, Agunloye’s defence lawyers drew the attention of the court to the principles of judicial precedent and stare decisis, which postulates that decisions of superior courts in the system are binding and urged the court to note that a 2018 decision of the Court of Appeal cannot supersede or override a 2021 decision of the Supreme Court in the case of NWOBIKE v. FRN which specifically delimited the powers of EFCC to investigation and prosecution of financial and economic crimes to back the argument on EFCC’s incompetence to investigate and try Agunloye.
The judge, Justice Jude Onwuegbuzie, adjourned the trial to 15 May 2024 to give his ruling on the Preliminary Objection as well as consider, depending on how the ruling goes, the hearing of Agunloye’s Application on EFCC’s tampering with his sureties with intention to arm-twist them to withdraw their sureties.
News
Youths Flood Ondo City to Honour Akinlaja’s Birthday, Hail Him as Visionary Leader and True Democrat
By Kayode Sanni-Arewa
Ondo City came alive on Monday, June 1, 2026, as a sea of jubilant youths converged on Adoc Events Centre and the residence of Hon. Joseph Iranola Akinlaja, former representative of Ondo East and West Federal Constituency, to celebrate his birthday.
Under the banner of the End Miscreants Movement, the gathering was more than a festivity—it was a tribute to Akinlaja’s enduring legacy and his contributions to the socio-economic growth of Ondo.
The youths described the septuagenarian and former General Secretary of NUPENG as a peace-loving icon, a consummate democrat, and a leader committed to youth empowerment, human capital development, and sustainable innovation.
They emphasized that the “End Miscreants Movement” reflects Akinlaja’s role as a stabilizing force whose interventions have curbed cultism, violent clashes, land grabbing, and other social vices in the community.
The event drew prominent figures, including former Governor Dr. Olusegun Mimiko, who praised Akinlaja as a symbol of peace, unity, and progress. Mimiko lauded his maturity and sacrifice in advancing excellence.
Other dignitaries present were Speaker of the Ondo State House of Assembly Rt. Hon. Olamide Adesanmi Oladiji, Hon. Biola Makinde, Hon. Moyinoluwa Ogunwunmiju, and Hon. Abiola Oladapo, Akin Akinbobola, Eni Akinshola, editor in chief and publisher of Veracity Desk (veracitydesk.com), Emmanuel Ajibulu etc, all of whom extolled Akinlaja’s virtues.
The Chairman of Lagos Zone of Petroleum Tanker Drivers (PTD) Branch of NUPENG, Comrade Gbolahan Saheed Adigun who was unavoidably absent was represented by Israel Okougbo, Comrade Samuel Owolabi, Adekunle Akinlaja and Comrade Timothy Iseoluwa.
The atmosphere was electrified by live music from five different professional musicians, with youths chanting solidarity slogans and dancing in contagious but peaceful jubilation.
In his remarks, Akinlaja thanked the youths for their support, urging them to prepare for a prosperous future. He highlighted the achievements of Dr. Mimiko (fondly called Iroko), noting his enduring legacies in governance and innovation.
“Our youths must remain steadfast as ambassadors of excellence, shaping a brighter future for Nigeria,” Akinlaja declared, challenging them to actively participate in the electoral process to ensure credible and peaceful elections.
Speaking on behalf of the youths, Aseyege Ayoola, popularly known as Spender, hailed Akinlaja as a unifying figure whose temperament and experience are vital for Nigeria’s progress.
He commended fellow youths for making the event successful and acknowledged contributors such as Kayode Folajogun, Adijath Wonuola, Akin Fadayomi, Lawrence Adefolaju, Lukas Famakinwa, and Akinpelumi.
News
Fire security chiefs if insecurity persists in next 90 days– Adeboye urges FG
The General Overseer of the Redeemed Christian Church of God, Pastor Enoch Adeboye, has advised the federal government to give Nigeria’s security chiefs a 90-day deadline to eliminate terrorists across the country or resign from office.
Adeboye made the call in a video shared on X on Tuesday where he expressed concern over the country’s security situation and urged authorities to act swiftly against those responsible for the violence.
Addressing the government, the cleric said security chiefs should be held accountable for delivering results in the fight against terrorism.
“If I were asked to make suggestions, I would say quietly to our government, ‘Move fast and tell our security chiefs, get rid of these terrorists within 90 days or resign,” he said.
The cleric also called on the government to go beyond targeting terrorists and focus on those financing and supporting their activities.
“When giving orders to the service chiefs this time around, we should make it clear to them that they are not only to eliminate the terrorists; they should eliminate their sponsors, no matter how influential they may be,” he added.
Adeboye recalled advising a former Nigerian president to issue a similar ultimatum to security chiefs in the past, noting that although the directive was given, it was not fully enforced when the deadline elapsed.
According to him, the experience underscored the need for stronger political will and strict enforcement of directives aimed at ending insecurity.
The cleric’s remarks come amid renewed concerns over terrorist attacks, banditry and kidnappings in several parts of the country, with calls mounting for more decisive measures to tackle the security challenges.
News
Reps Demand Swift Action Over Abduction of 42 Pupils in Borno
…seek tougher protection measures for schools in high-risk communities
By Gloria Ikibah
The House of Representatives has called for the immediate rescue of 42 schoolchildren abducted from Mussa Ward in Askira-Uba Local Government Area of Borno State, as lawmakers renewed demands for stronger security around schools across Nigeria.
The resolution was sequel to the adoption of a Motion of Urgent Public Importance sponsored by Rep. Midala Balami during Tuesday’s plenary session.
Debating the motion, Rep. Balami described the abduction as a disturbing reminder of the persistent insecurity confronting communities in Borno State and other parts of the country. He emphasised that safeguarding students, teachers and educational institutions remains a core responsibility of government and warned that repeated attacks on schools continue to threaten access to education and undermine public confidence in security efforts.
The lawmaker recalled a series of high-profile abductions in the state, including the Chibok schoolgirls kidnapping, in which many of the victims are yet to be reunited with their families. He also referenced the mass abduction of more than 400 adults and children from Ngoshe, as well as several kidnappings reported along the Biu-Buratai Road and surrounding communities.
According to Balami, the recurring attacks have left families traumatised, disrupted livelihoods and contributed to declining school enrolment and attendance in vulnerable areas, as many parents fear for the safety of their children.
He argued that urgent and coordinated action is needed to secure the release of those still in captivity, restore public confidence and reassure communities that their safety remains a priority.
The lawmaker also noted growing frustration among residents who increasingly expect concrete results in the fight against insecurity rather than repeated promises.
Following deliberations, the House urged the Federal Government and security agencies to intensify efforts to rescue the 42 abducted pupils and all other victims currently being held by kidnappers or insurgents, with a view to reuniting them with their families as quickly as possible.
Lawmakers further called for enhanced protection of schools in Borno State and other vulnerable regions through increased deployment of security personnel, improved intelligence gathering and more effective rapid-response mechanisms.
The House maintained that ensuring the safety of children and protecting access to education must remain a national priority, particularly in communities that continue to face threats from criminal and insurgent groups.
In addition, the House encouraged the expansion of school protection initiatives, including early warning systems, community-based security arrangements, security awareness programmes and improved surveillance infrastructure around educational institutions.
The House further mandated its Committees on National Security, Defence, Basic Education and Legislative Compliance to engage with relevant security agencies and report back on measures being taken to secure the release of abductees and improve security around schools nationwide.
Lawmakers also urged the Federal Government to develop and implement a comprehensive Safe Schools Security Framework aimed at protecting students, teachers and educational institutions from future attacks.
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