A Federal Capital Territory High Court, Apo on Monday, adjourned till May 15 to rule on the preliminary objection of a former Minister of Power and Steel, Dr Olu Agunloye.
The Economic and Financial Crimes Commission is prosecuting Agunloye on a seven-count- charge.
The seven-count charge bordered on forgery, disobedience of presidential order and corruption.
The defendant, however, pleaded not guilty to the charge.
Agunloye’s counsel, Adeola Adedipe (SAN) informed the court that the EFCC lacked the power to prosecute his client while he claimed that contrary to the constitutional provision, the Attorney General of the Federation did not give EFCC the fiat to investigate and institute proceedings in the case against him.
Adedipe told the court that rather than obtaining the fiat from the AGF, the anti-graft agency got it from the Solicitor-General of the Federation.
Citing section 174 of the 1999 Constitution (as amended), Adedipe said the current AGF, Lateef Fagbemi (SAN) was sworn in on Aug. 21, 2023, while the prosecution filed the charge against Agunloye on Sept. 7, 2023.
He asked the court to take judicial notice of this under Section 124 of the Evidence Act.
“The AGF did not give a fiat for the investigation. It was the Solicitor-General of the Federation that gave EFCC fiat when he did not have such power under Section 174 of the Constitution (as amended); it is the exclusive reserve of the AGF (to do so).
“This charge was filed on Sept 7, 2023. It was filed when the AGF was on a seat that did not even ratify, did not give a fiat,” Adedipe said.
He said the commission lacked both investigative and prosecutorial powers under Sections 6, 7, and 46 of the EFCC Act, 2004.
Agunloye challenged the power of EFCC to prosecute him regarding certain infractions in the alleged $ 6 billion Mambilla Hydroelectric Power Station in Taraba State which he is standing trial.
Adedipe held that the offences allegedly committed by Agunloye were based on his activities as a public officer.
