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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

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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.

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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.

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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.

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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.

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President Tinubu’s Address In Ghana At John Mahama’s Inauguration [Full Text]

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By Kayode Sanni-Arewa

Nigeria’s President, Bola Tinubu, has expressed confidence in Ghana’s newly sworn-in President, John Mahama, to bring positive change and progress to his nation.

Tinubu, accompanied by several Nigerian governors, attended the swearing-in ceremony on Tuesday, describing it as a testament to democracy’s growth in Africa.

In a statement delivered during the event and released by his Special Adviser on Information and Strategy, Bayo Onanuga, Tinubu lauded the peaceful transition of power facilitated by former President Nana Akufo-Addo. He emphasized that the ceremony symbolized Ghana’s democratic maturity and Africa’s capability to achieve political and economic milestones.

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Tinubu pledged Nigeria’s unwavering support to Ghana and its people, reaffirming his dedication to strengthening bilateral ties and fostering unity across Africa. He highlighted the importance of mutual cooperation in tackling shared challenges, including poverty, unemployment, instability, and insurgency.

“It is always a moment of pride when a close neighbor succeeds. Today, we celebrate not just Ghana’s democracy but Africa’s progress,” Tinubu said. He underscored the continent’s achievements in proving critics wrong, stating, “Africa has nothing to prove to anyone except ourselves. We are charting our path to success, lifting our nations out of poverty, and building resilient economies.”

Tinubu commended President John Mahama’s vision and patriotism, describing him as a leader deeply committed to Ghana’s mission and prosperity. “Your new president is a man of substance and vision who loves his nation and its people. He is determined to guide Ghana toward fulfilling its destiny,” Tinubu remarked.

He further drew inspiration from Ghana’s founding leader, Osagyefo Dr. Kwame Nkrumah, celebrating the shared heritage between Ghana and Nigeria. “The spirit of Nkrumah lifts Ghana’s Black Star higher. As Nigeria draws strength from its founders, Ghana does the same, creating a bond that unites our nations in purpose and action,” he said.

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Tinubu urged Ghana’s new administration to prioritize regional integration through the Economic Community of West African States (ECOWAS), emphasizing that cooperation is vital for addressing the region’s pressing concerns. He called for unity, dialogue, and mutual respect among African nations, asserting, “Even when we disagree, we must resolve our differences through dialogue, ensuring our unity remains intact.”

President Tinubu concluded his address by expressing optimism for Africa’s future. “This is not just a victory for Ghana but a victory for African democracy. Let us continue to build a future filled with hope, opportunity, and prosperity,” he stated.

In closing, Tinubu extended his blessings to Ghana, Nigeria, ECOWAS, and the entire African continent, wishing the new government under President Mahama immense success. He reaffirmed Nigeria’s readiness to work closely with Ghana to achieve shared prosperity and progress.

“May Ghana’s democracy grow stronger. May the bond between our nations remain unbroken. Together, we shall overcome our challenges and create a brighter future for all Africans,” Tinubu said.

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Fired staff sue CBN, demand N30bn compensation

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By Kayode Sanni-Arewa

Fired staff members of the Central Bank of Nigeria who were relieved of their jobs in a mass layoff last year have dragged the bank before the National Industrial Court of Nigeria in Abuja.

In an originating summons, filed on July 4, 2024, under the NICN Civil Procedure Rules 2017, the aggrieved staff members raised several questions for determination.

The Ex-CBN staff members among others, are asking the court to determine whether they were denied their constitutional right to a fair hearing before and after their appointments were terminated while they claimed that the CBN violated internal policies, Nigerian labour laws, and their contractual rights.

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The claimants, Stephen Gana, Kabiru Idris, Benedict Agbo, Peter Adeyemi, John Yisa, Eleanor Ihua, Stephen Ambore, Edom Obi, Dabo Chundung, Ekpe-Oko Roupa, Alabi Mubarak, Isa Yusuf, Quadru Ralph, Olasupo Adedokun, Dauda Yusuf, Ogidi Tolu, Levi David, Umar Kurba, Christopher Alfred, Gana Nma, Tanko Joel, Iyare Christian, Paul Iza, Alzebeokhai Esiemokhai, Pius Odunze, Isiuwe Uwadiahu, Vivienne Usoro, Imoh Francis, Ofili Lydia, Onunkwor Christopher, Adeshina Nurudeen, Bukar Ahmed and Ajayi Omosolape.

All 33 of them, represented by Okwudili Abanum, in a class action lawsuit, argued that the termination process, carried out through letters, titled, ‘Reorganizational and Human Capital Restructuring’, dated April 5, 2024, violated both the CBN human resources policies and procedures manual and Section 36 of the Nigerian constitution.

Adding that the process lacked the necessary consultation and fair hearing mandated by law.

They also stated that the termination letters, issued based on restructuring, were arbitrary, illegal, and unconstitutional.

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On this note, the claimants sought an order declaring their dismissal null and void.

Additionally, the claimants sought a restraining order to prevent the CBN from firing them without following the proper procedures

They also prayed to the court for a declaration ordering their immediate reinstatement, and payment of salaries and benefits from the date of termination.

The suit referenced Article 16.4.1 of the HRPPM, which mandates consultation with the joint consultative council and adherence to fair procedures before employment actions adversely affect staff.

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The claimants noted that the provision was flagrantly disregarded, as they were given just three days to vacate their positions and hand over official property.

They also sought N30 billion in general damages for psychological distress, hardship, and reputational harm caused by the dismissal; and an additional N500 million as the cost of the suit.

In another document dated November 20, 2024, during the first mention of the suit, the court urged the parties in the dispute to seek an amicable resolution of the matter.

The presiding judge, Justice O. A. Osaghae said “This is a new matter, it is mentioned for the 1st time. I have looked at the processes and it is my view that parties should attempt an amicable resolution of this dispute. Consequential, parties are encouraged pursuant to section 20 of the NICA 2006, to attempt amicable settlement”.

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Meanwhile, the CBN represented by a team of lawyers led by Inam Wilson informed the court that they had filed a preliminary objection to the claimants’ suit dated November 4, 2024, and he had recently been served with the claimants’ wish to respond to the counter.

Justice Osaghae, following the defendant’s counsel submission, adjourned to January 29, 2025, for a hearing of the preliminary Objection.

Recall that in 2024, the apex bank terminated the appointments of about a thousand staff in four batches between March and May of the aforementioned year.

While some laid-off staff claimed that they received severance payments as low as N5,000, others said their gratuities were absorbed entirely to offset outstanding loans.

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Although the layoff was officially attributed to reorganisation and human capital restructuring, the affected staff argued that the process violated the CBN Act, which mandates board approval for significant employment decisions.

On December 4 last year, the Central Bank said its early exit package was entirely voluntary and without any negative repercussions for eligible staff.

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Plan For Payment of N77, 000 To Corps Members Concluded – NYSC DG

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Director General, National Youth Service Corps (NYSC), Brigadier General Yushau Ahmed, has re-assured corps members that they would start receiving N77,000 minimum wage.

Speaking in Abuja when he commissioned a staff bus donated by Capital Express Insurance company, the DG said arrangements for their increased allowances to be paid have been concluded.

He assured corps members that his priority was their security and welfare, hence in 2025 they would get all benefits that they deserve.

Ahmed noted that the bus donated to the scheme for staff was to ease transportation issues.

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He noted that staff of the scheme and corps members serving in the scheme have always complained that it was difficult for them transporting themselves to and from office.

On his part, Chief Executive Officer, Capital Express Insurance company, Mr. Matthew Ogwezhi, said the scheme and his company have been in partnership for a while and the donation was part of the partnership to support the activities of the scheme.

He said the company made the donation to support the staff transportation to and from work as the price of fuel and transportation was expensive in the Abuja metropolis.

He said the legacy of every organization is the impact they make in the society they find themselves, hence, they should always give back to the society.

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