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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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NELFUND: ICPC deepens probe on loan fraud

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The Independent Corrupt Practices and Other Related Offences Commission has continued its probe into the alleged discrepancies in the disbursement of funds under the Federal Government’s student loan scheme, Sunday PUNCH has learnt.

This comes amid repeated denials from the Nigerian Education Loan Fund that no money was missing in the student loan scheme.

Sources within the anti-graft agency told our correspondent that the investigation began after NELFUND sent a request, asking the agency to track the disbursed funds, after the National Orientation Agency raised the alarm that some schools were cheating the students on the loans disbursed to them.

One of the sources, an official of the agency who spoke anonymously because of the sensitivity of the matter, however, said no one had been indicted yet.

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“We have just started the investigation. It was NELFUND that brought the matter to us to help them track where the money might have gone. We’ve not indicted anyone, but the allegation is still there,” the official said.

According to the source, preliminary findings revealed that N100bn was earmarked for the programme, but N28.8bn was disbursed to students.

Another source said further investigation had, however, shown that N203.8bn was received, out of which N44bn was disbursed.

“So far, we have not indicted anybody. They have disbursed N44bn. But when we get the recipients, we will find out if they did receive that amount. If they received the said amount, we will now find out where the discrepancy came from,” the senior official said.

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The source urged Nigerians to remain patient and avoid insinuations, adding that the agency would disclose its findings once the investigation was complete.

“Nigerians should be patient with us and let us do our work. There is no need for insinuations. We are getting to the root of this. If the amount of N44bn has been received by the recipients, then there won’t be any problem. And if there are discrepancies, we will unearth them and disclose them to Nigerians,” the source said.

“If there are discrepancies, we will unearth them,” another source added.

NELFUND, on its part, has continued to dismiss the allegations of misappropriation as “entirely false and deeply damaging.”

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In a statement issued on May 1, the Fund’s Director of Strategic Communications, Mrs. Oseyemi Oluwatuyi, stated that “the integrity of an institution established to deliver financial hope to millions of Nigerians must not be undermined by unverified claims.”

Managing Director of the Fund, Akintunde Sawyerr, also maintained this position during an appearance on Channels Television on May 4.

He confirmed that the Fund had actually received about N203bn, broken down as N10bn from the Ministry of Finance, N50bn from the EFCC’s proceeds of crime, and N143bn from TETFund.

He said, “The Nigerian Education Loan Fund has received about N203bn. I’ll break it down for you: N10bn from the Office of the Minister of Finance through the Office of the Accountant General, N50bn from the EFCC’s proceeds of crime, and N143bn from TETFund. So you can see already that the actual amount received is in excess of what’s even been said to have been received.

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“Out of that, N54bn has been disbursed to date, while N30bn and N24bn had gone to institutions and for upkeep respectively. So there’s a pocket money side to this. That’s N54bn disbursed already in the space of about 11 and a half months. It’s in the Central Bank of Nigeria.”

Sawyerr reiterated this stance when he appeared before the House of Representatives Committee on Students Loan, Scholarship, and Higher Education on May 8, firmly stating that no funds were missing.

The controversy first gained traction in April following a National Orientation Agency investigation, which uncovered claims that some tertiary institutions, in collaboration with banks, were withholding student loan disbursements.

Efforts to reach ICPC’s spokesperson, Demola Bakare, proved abortive.

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15 pipeline vandals convicted in Niger Delta, says Ribadu

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No fewer than 15 pipeline vandals across the Niger Delta region have been convicted, while 100 others are being prosecuted.

The National Security Adviser, Nuhu Ribadu, disclosed this on Friday at a town hall meeting organised by Petroleum Infrastructure Nigeria Limited, a pipeline surveillance contractor, in Yenagoa, Bayelsa State.

Ribadu, who was represented by his Special Assistant on Energy, Security and Finance, Amakiri Harry-Young, said his office was working assiduously to protect crude oil infrastructure in the Niger Delta region.

He said those convicted were being held at the Port Harcourt Custodial Centre.

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The NSA revealed that a special committee comprising investigative and prosecuting teams had been working round the clock to ensure that pipeline vandals and other offenders face justice.

According to him, the move followed concerns raised during a previous meeting about the arrest and quick release of oil vandals, which often led to further insecurity in the affected communities.

“The President is serious about the 2.5 million barrels, and we are doing everything necessary to reach that goal,” he said.

He added that success would depend on the collective efforts of all stakeholders involved, as the Federal Government was taking strong action against pipeline vandals who threatened national assets and local communities.

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In his opening address, the PINL Consultant on Community Relations, Dr Akpos Mezeh, said the firm had recorded major successes in safeguarding the Trans-Niger Pipeline through close collaboration with host communities, security agencies, and other key stakeholders.

Mezeh also stated that PINL had helped reduce crude oil theft and pipeline vandalism to near-zero infractions on the pipeline by investing in community needs, resolving disputes, and restoring the environment.

He pointed out that PINL had also improved crude oil production and restored greater investor confidence, thereby contributing to an increase in national revenue.

The President of the Ijaw National Congress, Prof Benjamin Okaba, stressed that Ijaw communities had always supported Nigeria’s unity and economic stability and also taken the lead in the management of pipelines through companies like PINL.

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Okaba called on communities to fully support PINL’s operations, stressing that any success recorded in protecting pipelines was also a credit to the Ijaw people.

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Police arrest four Anambra kidnap suspects

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Four kidnap suspects, including a lady, have been arrested by the police after a raid on their hideout in Uke, Idemili North Local Government Area of Anambra State.

The suspects are Chigozie Udolisa (T. Dollars), Anaolu Joseph (Blue), Chukwuka Udolisa (Udokamiri), and a female, Chinaza Udemezue.

Sunday PUNCH gathered that three vehicles and one laptop, among other items, were recovered from the suspects.

In a statement released on Saturday, the spokesman for the state police command, Tochukwu Ikenga, said police operatives attached to the Rapid Response Squad/Anti-Kidnapping Unit in Awkuzu carried out the operation on Friday night.

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He said, “Police operatives attached to the Rapid Response Squad, Awkuzu, acting on credible information on the 9th of May, 2025, at 7:30 pm, stormed a criminal hideout in Uke, Idemili North LGA.”

“During the raid, four suspects were arrested, including a lady. Three vehicles were recovered, namely: one black Lexus GS 350 with Reg. No: ENU 561 LY, one ash-coloured Toyota Camry with Reg. No: UWN 614 HK, and one navy blue Toyota Corolla with Reg. No: UMZ 135 AD. One HP laptop, one car-spraying machine, motor wires, and pieces of methamphetamine popularly known as ‘Mkpurummiri’ were also recovered at the scene.

“All the suspects have confessed to being members of kidnapping, armed robbery, and car-snatching syndicates. Also, Chinaza Udemezue revealed that her boyfriend escaped the scene with their arms upon sighting the police.”

According to him, the suspects are currently undergoing interrogation aimed at getting more details on their modus operandi and arresting other suspects currently on the run.

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