6 hours Ago By Richard Ogunsile
The Economic and Financial Crimes Commission (EFCC) has secured court approval to modify its charges against a former Minister of Power, Olu Agunloye. The EFCC is prosecuting Agunloye on behalf of the Federal Government in case number FCT/HC/CR/617/2023, which includes seven counts related to forgery, noncompliance with a presidential directive, and corruption associated with the Mambilla power plant project in Taraba State. The commission has accused Agunloye of awarding a contract on May 22, 2003, for the “Construction of 3,960-megawatt Mambilla Hydroelectric Power Station on a build, operate, and transfer basis” to Sunrise Power and Transmission Company Limited, without any budgetary allocation, approval, or financial backing.
Additionally, the EFCC claims to have identified questionable payments made by Sunrise Power and Transmission Company Limited to the former minister’s accounts, who was part of the administration under former President Olusegun Obasanjo. The defendant has, however, entered a plea of not guilty to the charges against him. In response to the defendant’s objection regarding the prosecution’s amended charge submitted on June 25, 2024, Justice Jude Onwuegbuzie of the High Court of the Federal Capital Territory (FCT), on Thursday, January 23, stated that after reviewing the supporting affidavit for the amendment motion, the court is persuaded to permit the changes.
He emphasized that the court may allow alterations or amendments to charges or the introduction of new charges at any point prior to the delivery of a judgment. Furthermore, he clarified that the prosecution is entitled to amend the charges already before the court without seeking prior permission, provided such amendments comply with Sections 216 and 217 of the Administration of Criminal Justice Act (ACJA) 2015. The judge determined that, contrary to the defendant’s assertion that the EFCC’s attempt to amend the charge was intended to undermine him, the amendment was not designed to disadvantage the former minister.
He subsequently scheduled a hearing for February 3 to facilitate the rearraignment of the defendant concerning the amended charge. On November 13, 2024, Agunloye, represented by his counsel, Adeola Adedipe SAN, presented his written argument opposing the amended charge, claiming that the prosecution’s efforts constituted an overreach. Adedipe contended that the proposed amendment was indeed an overreach, noting that Leno Adesanya, whose name is being included in the amended charge due to the ruling of Justice Inyang Ekwo of the Federal High Court in Abuja, had established a declarative right in this context.
The senior advocate emphasized that this right was enforceable by the court under Section 287(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended). He urged the court to reject the prosecution’s request to amend the charge, arguing that no substantial and verifiable reasons had been provided to justify such an amendment. In response, prosecuting counsel, Abba Muhammed SAN informed the court that the Motion on Notice for amending the charge against the former minister was filed in accordance with Sections 216(1) and (2) and 217 of the Administration of Criminal Justice Act (ACJA), 2015.
He requested that the court grant the prosecution’s motions, which included a request for permission to amend the current charge against the defendant and to ensure that the amended charge filed on June 25, 2024, against the former minister was properly recorded and served..
