By Abimbola Ogunnaike
A Federal Capital Territory High Court in Abuja, presided over by Justice Jude Onwuegbuzie has dismissed an application by former Minister of Power and Steel, Olu Agunloye, seeking the invitation of the Attorney General of the Federation, Lateef Fagbemi (SAN), to participate in the proceedings.
Agunloye who served under President Olusegun Obasanjo was arraigned by the Economic and Financial Crimes Commission on seven counts bordering on fraudulent award of contract and official corruption.
The EFCC specifically accused Agunloye of awarding a contract to build a 3,960MW Mambilla Hydroelectric Power Station on build, operate, and transfer to Sunrise Power and Transmission Company without budgetary provision and approval.
Ruling on the application on Monday, 15 April, 2024,Justice Onwuegbuzie , who held that there was no need for such an invitation, also pointed out that the invitation should have come from the court rather than the defendant, if necessary.
“The Amicus curiae are not parties to the case and can not be invited. Consequently, the application is dismissed.
“The court is not confused or in doubt to warrant the intervention of amici curiae.
”An amicus is not supposed to be invited by parties in the suit, but it is the responsibility of the court to do so if desirous of it, ” the judge said.
He subsequently adjourned the matter until April 22.
The defendant, through his lawyer Adeola Adedipe (SAN), had on March 21, 2024, prayed to the court to invite Nigerian Bar President, Yakubu Maikyau; former Minister of Justice, Kanu Agabi ( SAN), and Joseph Daudu ( SAN) and Fagbemi to participate in the hearing of his preliminary objection against EFCC.
In Agunloye’s objection, Adedipe argued that the EFCC lacked both investigative and prosecutorial powers to try Agunloye.
He also held that, as required by the constitution, the AGF did not give EFCC the fiat to investigate and prosecute his client.
Adedipe said, “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 seat that did not even ratify, did not give a fiat,” the senior advocate said.
“Granting the application to allow amici curiae (friends of the court), including the AGF; the President, Nigerian Bar Association (NBA), Yakubu Maikyau SAN; a former Minister of Justice, Chief Kanu Agabi SAN and a former NBA president, Joseph Daudu SAN to participate in the hearing of the said preliminary objection would not prejudice the court or EFCC.”
The prosecution counsel, Abba Mohammed, in his response to the application, said the Solicitor-General of the Federation signed the fiat to prosecute the defendant.
He added that as of August 8, 2023, there was no substantive AGF.
On the invitation, Mohammed stated that there was no need to invite the AGF or others to attend the proceedings.
He added that the request for such an invitation could only be granted when the court was in doubt.
