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Ex-minister Agunloye drags EFCC to Court, demands N1 billion in damages
Former Minister of Power and Steel under ex-President Olusegun Obasanjo, Dr Olu Agunloye, has initiated legal action against the Economic and Financial Crimes Commission (EFCC), seeking N1 billion in damages over his inclusion in the agency’s wanted list on its website.
In the suit marked: FHC/ABJ/CS/167/2024, filed by his legal team led by Mr Adeola Adedipe, SAN, Agunloye also named the Attorney-General of Federation (AGF) as the 2nd defendant.
The case is scheduled for hearing on April 18 before Justice Emeka Nwite of the Federal High Court, Abuja.
The originating summons, dated and filed Feb. 8, was sighted by the News Agency of Nigeria on Friday.
The ex-minister sought six reliefs, including a declaration that the EFCC cannot lawfully exercise its discretion, powers and or functions under Sections 1(2(c, 6, 7, 13 of the EFCC Act, 2004, ditto Section 4 of the Police Act 2020, by declaring him wanted on its official website or any other related platform.
Agunloye said this was without recourse to any safeguard in Sections 34({1)(a), 35, 37, 39, 41 and 42 of the 1999 Constitution (as amended), including a judicial intervention, order or leave of court pursuant to Sections 1(1), 8(1) & 42(2) of the Administration of Criminal Justice Act (ACJA), 2015.
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He, therefore, sought an order for the EFCC, its agents, privies, representatives and other related affiliates to forthwith remove his picture, name, references, details and or particulars from the wanted list published on its official website or any other related platform.
He also sought a perpetual injunction restraining the EFCC and the AGF, “both jointly or severally, whether by themselves or their staff, from further declaring the plaintiff wanted in relation to the particulars and subject matter of this suit, either on the EFCC official website, newspaper publication or any other related platform, except by a judicial intervention and recourse to all constitutional safeguards available to him in law and equity.
“General damages of one billion baira (N1, 000, 000, 000 00) against the defendants, especially the 1st defendant
“Cost of this action.”
In the affidavit which he personally deposed to, Agunloye said he sought a redress and judicial intervention from court having regard to some very disturbing actions of the anti-graft agency, which he said, ought not to occur under the watch of the AGF, who is the chief law officer of the federation.
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He said he sought a judicial determination on the propriety or otherwise, of the exercise of the EFCC’s discretion or power to declare him wanted without recourse to any judicial intervention or relevant constitutional safeguards.
“As at the time of filing this suit, my picture, name, particulars and other details are currently uploaded on the official website of the 1st defendant,” he said.
The plaintiff said he was declared wanted for corruption and forgery.
According to him, as a result of this action by the 1st defendant, I have become a subject of ridicule, stripped of my dignity, freedom of movement and even presumption of innocence, with respect to a criminal trial which I am currently boing prosecuted of, by the 1st defendant.
He alleged that the deliberate act of the EFCC was orchestrated to negatively project him in the international community.
Agunloye said this was so because sometime in November 2002 to May 2003, while he served as Minister of Power and Steel, he awarded contract to Messrs Sunrise Power and Transmission Company Limited for the construction of the Mambila Power Project by the Federal Government of Nigeria (FGN).
“The award of the said contracts followed all the necessary administrative and authoritative due process, obtaining the necessary approval.
“Moreover, since the award of the contract, successive administrations have continued to interface with the company, Sunrise Power and Transmission Limited, so much so that the government entered into a settlement agreement with it over a dispute.
“On an allegation of breach of contract by the company, Sunrise Power and Transmission Limited resorted to take out an arbitral proceeding before the International Chamber of Commerce in Paris, France – in Case No: 26260/SPN/AB/CPB between Sunrise Power and Transmission Company Limited Vs. FGN.
“It is in connection to this arbitral proceeding that the 1st defendant invited me for interrogation on 3rd of May, 2023 and I did honour same on 16th May, 2023, despite my frailties and hailing health conditions.
“Upon my release on administrative bail, the 1st defendant persisted in hounding me to return for further grilling which I frowned at because I was undergoing serious medical treatment related to heart.
“When the threat and disturbances became alarming, in June 2023, I filed a suit in court to challenge the unnecessary harassment because I was not running away, but only attending to my health with notice to the 1st defendant.
“It was however traumatising on the night of Tuesday, 12th December, 2023, when I started receiving calls from all around the globe that I had been declared wanted by the 1st defendant.
“Knowing fully well that I was not on the run, I reported at the EFCC headquarters here in Abuja the next day, 13th December, 2023 where I was served with a criminal charge and was detained till 18th December, 2023.
“On 10th January, 2024, I was arraigned in court and admitted to bail on 11th January, 2024, because I am presumed innocent of all the criminal allegations,” he averred.
Agunloye said despite the fact that the law presumes him innocent of the criminal charge, EFCC continued with the unlawful publication on its websiteHe described the action of the anti-graft agency as “arbitrariness, oppression, violation of its statutory powers and functions and unlawful.”
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