Former Minister of Power and Steel, Olu Ogunloye, faced a setback in his legal battle with the Economic and Financial Crimes Commission (EFCC).
The Federal High Court in Abuja dismissed his application alleging abuse of fundamental rights. Ogunloye had sought protection from investigation and prosecution by the EFCC, but Justice O. Egwuatu ruled against his plea, emphasizing the legality of the EFCC’s actions.
Ogunloye is accused of receiving N3.6 million through his Guaranty Trust Bank account from Sunrise Power and Transmission Company Limited (SPTCL) in 2019, allegedly without proper approval.
The funds were linked to the purported approval for the construction of the Mambilla Hydroelectric Power Station, a project valued at 3,960 megawatts. The former minister faces charges of fraudulent contract award and official corruption.
Background
In January 2024, Ogunloye was arraigned before Justice Egwuatu on seven counts related to the fraudulent award of a contract, dating back to his tenure as Minister of Power and Steel. However, his subsequent move to challenge the EFCC’s authority to investigate and prosecute him was met with resistance from the Commission.
In the fundamental rights application, Ogunloye argued that the EFCC’s actions violated his constitutional rights, including dignity, personal liberty, and freedom of movement. He sought to restrain the EFCC from further interrogation and prosecution regarding the alleged contract award to SPTCL in 2003.
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In response, the EFCC’s counsel, Abba Muhammed, defended the Commission’s statutory mandate to investigate economic and financial crimes.
Muhammed highlighted Ogunloye’s failure to comply with administrative bail conditions, noting his evasion of the EFCC’s attempts to continue the investigation.
Court Decision
Justice Egwuatu not only dismissed Ogunloye’s application but also awarded a cost of N500,000 in favour of the EFCC.
The judge affirmed the legality of the EFCC’s investigation, stating that Ogunloye’s fundamental rights were not infringed.
He advised Ogunloye to cooperate with the EFCC, emphasizing that there is no fundamental right against criminal investigation under the Nigerian Constitution and the EFCC Act of 2004.