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Alleged $6bn Mambilla fraud: Court dismisses Agunloye’s rights violation suit against EFCC

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A federal high court in Abuja has dismissed a suit filed by Olu Agunloye, a former minister of power and steel, against the Economic and Financial Crimes Commission (EFCC).

 

Agunloye had alleged a breach of his fundamental human rights by the EFCC.

 

Delivering judgment on Monday, Obiora Egwuatu, presiding judge, held that the suit was an attempt by Agunloye to shield himself from criminal investigation, and an act to make the court interfere with the mandate of the commission to invite him for interrogation, pursuant to Sections 6 and 7 of the EFCC Act.

 

“In totality, I am unable to see any breach of the applicant’s right to personal liberty, freedom of movement, ” the judge said.

 

BACKGROUND

The EFCC is investigating the former minister over his alleged involvement in a $6 billion Mambilla hydropower contract awarded to Sunrise Power in 2003.

 

Sunrise Power had, on October 10, 2017, commenced arbitration against Nigeria at the International Court of Arbitration, Paris, France, seeking a $2.354 billion award for “breach of contract” in relation to a 2003 agreement to construct the 3,050MW plant in Mambilla, Taraba state, on a “build, operate and transfer” basis.

 

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Agunloye had filed the motion on notice marked: FHC/ABJ/CS/863/2023 on June 27, 2023, through his lawyer, Bolaji Ayorinde.

 

Amongst the seven reliefs, the former minister had sought a declaration that his continuous invitation, interview and interrogation by the anti-graft agency in connection with the Mambilla contract was “arbitrary, malicious, unconstitutional and unlawful”.

 

He said it constituted a gross violation of his rights to dignity, personal liberty and freedom of movement.

 

He said EFCC’s continuous invitation, interrogation and subsequent threat of arrest were aimed at cajoling and intimidating him into making false and incriminating statements. 

 

Agunloye had prayed the court for a perpetual injunction restraining the commission and its agents from arresting, detaining, harassing, further inviting, or interrogating him in respect to the award of contract to SPTCL by the federal government of Nigeria, among others.

 

The former minister also sought an order directing the EFCC to pay him the sum of N100 million in damages.

 

READ  EFCC quizzes Oyo assembly officials over alleged N1.3b fraud

EFCC RESPONSE

However, the EFCC, in its 42-paragraph counter affidavit, refuted the allegations made by the former minister.

 

The commission said Agunloye was not subjected to inhumane treatment on the day he was interviewed, and that the interview session did not last more than three hours, contrary to the ex-minister’s claim of eight hours.

 

In the judgment, Egwuatu held that “no fundamental right should be above a state or country and no court should be used to stop an investigating agency from doing their work”.

 

“There is evidence before the court that two of the applicant’s lawyers were present when he was being interviewed,” he said.

 

The judge, who held that he saw no breach of Agunloye’s rights in the invitation by the EFCC, said Sections 6 and 7 of the EFCC Act backs the commission.

 

He dismissed the suit and awarded a N500,000 fine against Agunloye.

 

 

READ  Olu of Warri dissolves traditional council, committees

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I’ll not govern Rivers on my knees, says Fubara

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Siminalayi Fubara, governor of Rivers, says he will not govern the state from a position of subservience or weakness.

Fubara made the remarks on Saturday, during a condolence visit to the Ubima, Ikwerre LGA country home of Celestine Omehia, a former governor of the state.

 

Omehia was laying Cecilia Omehia, his mother, to rest.

 

“I have come here with very few respected elders of the state, to come and support you and say to you that we sorrow with you,” Fubara said.

 

“The most important thing is to show our concern and love. Any human being who shows enmity to death, that person is not even normal.

“We also rejoice with you for a life lived well to fulfilment by Mama. We wish Mama a safe journey. Let her stay well where she has gone.”

 

He said politics of bitterness will impede the development of the state and that “it is only in unity that we can move our state forward”.

READ  Kaduna gov, Uba Sani calls for ‘aggressive’ military operations against bandits

 

“Anybody who claims to love this state should not be party to anything, directly or indirectly that will bring us backwards. We will continue to support every course that will advance the interests of our dear Rivers state,” he added.

“And I am happy to say, and I’ve said it over and again, it doesn’t matter the number of people that are standing with me, I will stand on that side of truth.

“I will not, I repeat, I will not govern our dear state on my knees. If that was the purpose, I will not do that.”

 

Fubara has been locked in a battle for the control of the political structure of Rivers with Nyesom Wike, his predecessor and minister of the federal capital territory (FCT).

 

The governor recently redeployed some members of his cabinet who are loyal to Wike.

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Good Morning! Here Are Some Major News Headlines In The Newspapers This Beautiful Sunday: Benin Traditional Council suspends five chiefs for visiting Ooni

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1. Five officials in the Benin Kingdom have been suspended for allegedly engaging in sacrilegious conduct against Benin custom. The Benin Traditional Council, BTC, said their suspension was because they visited the Ooni of Ife, Oba Adeyeye Enitan Ogunwusi, where they “falsely” claimed to be emissaries of the Oba of Benin and rendered inaccurate account of the connection between the Benin Royal Dynasty and the Ooni-ship of Ife.

 

2. The executive chairman of the Economic and Financial Crimes Commission, EFCC, Ola Olukoyede has appointed Michael Nzekwe as his chief of staff. He also appointed zonal directors for each of the 14 zonal commands of the commission.

 

3. One person died on Saturday when a gas tanker explosion occurred after an accident at Ita Oshin area of Abeokuta North Local Government Area of Ogun State. Chief Route Commander and Education Officer for Federal Road Safety Corps, FRSC, Florence Okpe, who confirmed the incident, on behalf of the sector commander, Anthony Uga, said the accident occurred at about 4:16 pm.

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4. The Naira yesterday recovered against the US dollar at the parallel market as it appreciated to N1280/$, according to market information obtained by Nairametrics from currency traders. This implied that the Naira appreciated by N120, representing a gain of 8.57 per cent when compared to the N1,400 to a dollar at which it traded on Friday.

 

5. Governor Siminalayi Fubara of Rivers State has said there is a fierce fight to destroy the state. He said this at the country home of Sir Celestine Omehia in Ubima community, Ikwerre Local Government Area of Rivers, on Saturday.

 

6. A resident of Osogbo, simply identified as Seun and the motorcyclist conveying her have been crushed to death in a road accident that occurred in Osogbo, Osun State. Seun was said to be a fashion designer and was also working with a real estate firm. It was gathered that the accident occurred Friday evening around OgoOluwa Area of Osogbo.

READ  Former deputy governor Agboola Ajayi wins Ondo PDP guber primary

 

7. The All Progressives Congress has demanded the cancellation of the just conducted local government election in Oyo State. The party claimed that the election was a “sham”, warning that if allowed to proceed, it may damage the state’s reputation.

8. The retired Commissioner of Police in Anambra State, Aderemi Adeoye has recounted how he fought the dreaded Niger Delta militants, the Book Haram terrorists in the North East and the Indigenous People of Biafra, IPOB, insurgents in the South East and survived all of them without a scar. Speaking during his pullout ceremony at the Alex Ekwueme Square in Awka, Adeoye said it was the grace of God that saved him during the dangerous moments.

 

9. Tragedy struck in Rivers State on Friday night when fire from a fuel-laden tanker consumed four persons and about 100 vehicles at the Eleme section of the East-West Road in Rivers State. It was learnt that the tanker collided with another vehicle, exploded and burst into flames that spread to other tankers and many other vehicles trapped in the gridlock.

READ  EFCC set to arraign pastor nabbed for alleged N1.3bn fraud

 

10. The Anambra State Police Command has arrested 16 notorious cultists and declared 21 others wanted. In a statement by the command’s spokesman, SP Tochukwu Ikenga, in Awka on Saturday, the feat was achieved following intensified efforts to end the resurgence of cult-related killings in Awka, the state capital.

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Shake-up in EFCC as Olukoyede appoints chief of staff, 14 directors

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Ola Olukoyede, chair of the Economic and Financial Crimes Commission (EFCC), has appointed Michael Nzekwe as his chief of staff.

 

As part of a restructuring drive, Olukoyede upgraded all the zonal commands of the EFCC to departments and appointed 14 new directors.

 

A statement by Dele Oyewale, EFCC spokesperson, said the security unit of the agency has been upgraded to a department with a chief security officer at the helm.

 

“To this effect, 14 new directors have been appointed to head each of the zonal commands,” Oyewale said.

 

Additionally, to bolster and fortify the security architecture of the commission, the security unit of the EFCC has been upgraded to a department with a seasoned officer appointed as director, security and chief security officer.

 

“A new department has also been created in the executive chairman’s office and it is headed by former Makurdi zonal commander of the EFCC, Mr. Friday Ebelo who also doubles as director and coordinator, special duties at the corporate headquarters of the commission.”

READ  Ex-Navy captain jailed for defrauding bank of N45m

 

Nzekwe was the commander of the Ilorin zonal command and a course one officer.

 

Nzekwe, a lawyer and an investigator, has served in various departments in the anti-graft agency — including legal and prosecution, operations (now department of investigations), internal affairs (now department of ethics and integrity), Servicom, and asset forfeiture.

The new chief of staff has attended trainings and courses at home and abroad, including the Advance Defence Intelligence Officers Course organised by Defence Intel Agency (DIA).

 

 

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