$6 Billion Mambilla Project: Court Fails To Hear Agunloye’s Preliminary Objection

In a recent development at the Federal Capital Territory High Court in Apo, Abuja, a preliminary objection raised by Olu Agunloye, who is implicated in the alleged $6bn Mambilla Hydroelectric Power Station fraud, was declined for hearing on Monday.

The court, presided over by Judge Jude Onwuegbuzie, stated that the application was not yet ripe for hearing, thereby postponing the matter to February 26, 2024.

Agunloye, through his legal representative, Adeola Adedipe, had filed a preliminary objection challenging the jurisdiction and authority of the Economic Financial Crimes Commission (EFCC) to prosecute him over the charges related to the Mambilla Hydroelectric Power Station project.

In his objection, Agunloye argued that the EFCC lacks the requisite investigative and prosecutorial powers as outlined in Sections 6, 7, and 46 of the EFCC Act, 2004, thereby questioning the legal basis of the commission’s actions against him.

The charges against Agunloye revolve around his actions as a public officer, specifically allegations of awarding contracts without the necessary budgetary provision, approval, and cash backing.

Additionally, Agunloye is accused of disobeying directives from the President and forging a letter dated May 22, 2003, further complicating the case.

This case has drawn significant attention due to the magnitude of the alleged fraud involving the Mambilla Hydroelectric Power Station project, a key initiative expected to significantly bolster Nigeria’s power generation capacity.

“These allegations do not constitute financial crimes, which can be lawfully investigated and prosecuted by the EFCC, pursuant to its powers under Sections 6, 7, and 46 of the Economic and Financial Crimes Commission (Establishment) Act and in consonance with the Supreme Court’s decision in Nwobike v. Federal Republic of Nigeria (2022) 6 NWLR (Pt. 1826) 293,” he added.

Agunloye was arraigned on seven charges bordering on fraudulent award of a contract and official corruption in January 2024.

The EFCC alleged that on May 22, 2003, Agunloye awarded a contract, titled “Construction of 3,960MW Mambilla Hydroelectric Power Station on a Build, Operate and Transfer Basis” to Sunrise Power and Transmission Company Limited without any budgetary provision, approval, and cash backing.

Agunloye was equally alleged to have on August 10, 2019, corruptly received the sum of N3.6m from Sunrise Power and Transmission Company Limited and Leno Adesanya for having conveyed 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 pleaded not guilty to the charges.