The unfolding Mambilla drama in Nigeria – an update

The case instituted against Dr. Agunloye for awarding a Build, Operate and Transfer (BOT) contract for the construction of the 3,960-Megawatt Mambilla Hydroelectric Power Project at zero cost to the Federal Government of Nigeria, when he was Minister of Power 21 years ago, has advanced considerably with the court sitting of Monday, 4 March 2024.

The case was earlier adjourned at its 12 February 2024 sitting till 26 February to enable EFCC to respond to two motions served on EFCC on 8 February 2024. A few days to the appointed 26th February date, the court registrar reported the judge’s desire to pick another date. The lawyers of EFCC and Dr Agunloye discussed and agreed on the 4th of March 2024.

The court sat promptly on Monday, 4 March 2024, starting with the explanations of the EFCC’s lawyer on how he was yet to get the Amicus Curiae Motion served on him since 26 February 2024. He, however, told the court that his counter-affidavits in respect of the Preliminary Objection served on him on 8 February 2024 were “filed by EFCC officers in court on 21 February.” The judge stopped proceedings and ordered a search of everywhere in his court, but the EFCC submissions were not found. The EFCC lawyer lamented that the documents were filed in court by a junior colleague and was surprised why this was not carried out properly in the intervening 12 days. The judge could not use the unsealed copy that the EFCC lawyer produced on the spot, but he agreed to adjourn to enable EFCC to submit these properly. It is instructive to note that those EFCC submissions which were already in the public domain were yet to be filed properly before the Court.

The EFCC lawyer later argued but failed in his attempts to knock off the Amicus Curiae intervention, and the judge ruled to hear the Amicus Curiae Motion on 21 March 2024, to which the court adjourned.

The coast is now clear to pursue or counter the seven criminal charges filed by the EFCC against Dr Agunloye. This will have to be after the Amicus Curiae intervention sought by Agunloye. Agunloye’s argument has been that the preliminary objection is indeed a matter of public interest in that EFCC is not competent to try him because he has not committed any financial crime and he is relying on the EFCC’s Enabling Act and a Supreme Court judgment.

After the Amicus Curiae intervention, the court will take the preliminary objection and the motion to stop EFCC from further tampering with Agunloye’s sureties with a view to arm-twist them to withdraw their sureties. The court will thereafter be in position to give a ruling to discontinue the case or allow the prosecutors to open their case against Agunloye.

Along with all the above in FCT High Court in Apo, there are four civil suits in different Federal High Courts at different stages by Agunloye against EFCC, namely:

a. Suit against EFCC for unlawfully declaring Agunloye a Wanted Person on 12 December 2023. EFCC continued to declare Agunloye wanted after he voluntarily reported himself to EFCC on 13 December 2023, all through the next 10 days he was in EFCC custody, after his release, during his arraignment in Court, while he was clamped down in Kuje Prison by the court for about two weeks, after his bail, during the trial and, in fact, up to this date.

b. Libel suit against EFCC for insinuating that Agunloye is involved in a $6 billion (approximately N10 trillion) fraud and parading him along with others involved with several billions of Naira fraud or theft.

c. Suit for stopping EFCC from further harassing Agunloye and threatening him with arrest because of the international arbitration case on the Mambilla Power Project.

d. Suit on life-threatening negligence in respect of the maltreatment of Dr Agunloye that led to his collapse while in EFCC custody.

sip-o-saleh@ #oluagunloye2024
6 March 2024