By Jude-Ken Ojinnaka
Justice Emeka Nwite of a Federal High Court sitting in Abuja has fixed May 9, 2024 for hearing in a N1 billion suit filed by former Minister of Power and Steel under ex-President Olusegun Obasanjo, Dr Olu Agunloye against the Economic and Financial Crimes Commission (EFCC).
Justice Nwite fixed the date after counsel to the EFCC, Mr Abba Mohammed sought an adjournment to enable him regularise his processes before the court.
When the matter was called for report of service on Thursday, the Attorney-General of the Federation (AGF), who is the 2nd defendant in the suit, was not represented in court.
Absence of the AGF made Justice Nwite to ask if Agunloye’s counsel, Adeola Adedipe, (SAN), had served the AGF and he responded in affirmative.
The Silk lawyer told the court that though the EFCC filed a motion to regularise their processes, he was not opposing the application.
However, Mohammed applied that the court file be given to him to verify if their processes were in the court record but Adedipe objected to the request.
“I object to that my lord. I have never seen such practice before where a court file is shown to a party,” he said.
Adedipe further argued that since the matter was ripe for hearing, he sought the leave of court to proceed on the matter if the anti-graft agency’s counsel had no defence.
But Mohammed prayed the court for an adjournment to enable him put their house in order, even as the AGF was not represented in court.
The judge then adjourned the matter until May 9 for hearing and directed that the hearing notice be served on the 2nd defendant.
It was reported that on March 1, Dr Agunloye had filed a suit against EFCC over allegations that the commission published his name on its website’s wanted list.
In the suit marked: FHC/ABJ/CS/167/2024 and filed by Agunloye’s team of lawyers led by Adedipe, the AGF is joined as 2nd defendant.
In the originating summons, dated and filed February 8, 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, and 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) and 42(2) of the Administration of Criminal Justice Act (ACJA), 2015.
Consequently, he 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.
He asks for “General damages of N1 billion against the defendants, especially the 1st defendant.
