A former Minister of Power and Steel under ex-President Olusegun Obasanjo, Dr. Olu Agunloye, has filed a N1 billion suit against the Economic and Financial Crimes Commission (EFCC) over allegations that it published his name on its website’s wanted list.
Agunloye, in the suit marked: FHC/ABJ/CS/167/2024 and filed by his team of lawyers led by Mr Adeola Adedipe, SAN, also joined the Attorney-General of the Federation (AGF) as 2nd defendant.
The case, presently before Justice Emeka Nwite of Federal High Court, Abuja, has now been fixed for April 18 for hearing.
The originating summons, dated and filed February 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.
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 naira (N1,000,000,000.00) against the defendants, especially the 1st defendant.”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.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 being 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.
