In a judicial proceeding on Monday, March 18, 2024, Justice Obiora Egwuatu of the Federal High Court, Abuja, rendered a verdict dismissing the application brought forth by former Minister of Power and Steel, Olu Ogunloye. The application alleged a violation of his fundamental rights and sought protection from investigation and prosecution by the Economic and Financial Crimes Commission (EFCC).
Ogunloye’s plea entailed seeking the court’s intervention against his summons, interrogation, and potential prosecution by the EFCC regarding the purported award of a N6 billion contract in 2003 to Sunrise Power and Transmission Company Limited (SPTCL) during his tenure as Minister of Power and Steel, purportedly without the Federal Executive Council’s approval. Moreover, he faces charges of receiving a sum of N3,600,000.00 (Three Million Six Hundred Thousand Naira) from Sunrise Power and Transmission Company Limited (SPTCL) through his Guaranty Trust Bank account in 2019.
In response, the former minister contested the validity of the Commission’s actions, asserting that his summons and questioning were arbitrary, malicious, and in violation of his constitutional rights to dignity, personal liberty, and freedom of movement. He petitioned the court to restrain the EFCC from any further actions against him in connection with the SPTCL contract.
Contrary to Ogunloye’s claims, counsel representing the EFCC, Abba Muhammed, argued that the Commission, as empowered by statute, was conducting a lawful investigation into the alleged irregularities surrounding the Mambilla Project contract. Muhammed highlighted Ogunloye’s failure to honor administrative bail terms and his subsequent attempt to evade scrutiny by the Commission, portraying it as a deliberate evasion of criminal investigation.
Justice Egwuatu, in his ruling, dismissed Ogunloye’s fundamental rights suit against the EFCC, additionally imposing a fine of N500,000 (Five Hundred Thousand Naira) in favor of the Commission. The judge affirmed that Ogunloye’s rights had not been violated and acknowledged the legality of the EFCC’s investigative actions, aligning with constitutional provisions and the EFCC Act of 2004. Furthermore, Justice Egwuatu commended the EFCC for its professional conduct towards Ogunloye, advising him to cease evading the Commission’s inquiries, emphasizing that there exists no fundamental right against criminal investigation.
Currently, the EFCC is prosecuting Ogunloye on seven counts, encompassing allegations of fraudulent contract awards and official corruption amounting to N6 billion. Ogunloye was formally arraigned on Wednesday, January 10, 2024, before Justice J.O. Onwuegbuzie of the Federal Capital Territory (FCT) High Court, Apo, Abuja.
