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Court Grants EFCC Permission To Amend Charges Against Ex-Works Minister, Agunloye

Court Grants EFCC Permission To Amend Charges Against Ex-Works Minister, Agunloye
  • PublishedJanuary 23, 2025

Justice Jude Onwuegbuzie of the High Court of the Federal Capital Territory (FCT), on Thursday has granted the Economic and Financial Crimes Commission (EFCC) permission to amend the charges filed against former Minister of Power, Dr. Olu Agunloye.

The EFCC is prosecuting Agunloye on a seven-count charge, including allegations of forgery, disobedience to a presidential directive, and corruption concerning the Mambilla power plant project in Taraba State.

The commission alleges that on May 22, 2003, Agunloye awarded a contract 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 provision, approval, and cash backing.”

The EFCC also claims to have traced “suspicious payments made by Sunrise Power and Transmission Company Limited to accounts of the former minister,” who served under former President Olusegun Obasanjo.

Agunloye pleaded not guilty to all charges.

In his ruling, Justice Onwuegbuzie stated, “The stage at which the prosecution is amending the charge still gives the defendant an opportunity to put up his defence. The matter is still at the stage of examination in chief of the prosecution. The matter is yet to get to the defence stage.

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“It is my humble view that the amendment is not intended to overreach the defendant and cause injustice to him.”

The judge emphasized that the prosecution can amend charges before judgment, in line with Sections 216 and 217 of the Administration of Criminal Justice Act (ACJA) 2015, and ruled that the amendment was lawful and fair.

However, Agunloye’s counsel, Adeola Adedipe (SAN), argued on November 13, 2024, that, “The prosecution’s attempt to amend the charge was an overreach.”

He added, “The amendment sought is an overreach, submitting that Leno Adesanya, whose name is being imported into the amended charge by the virtue of the judgment of Justice Inyang Ekwo of the Federal High Court, Abuja, had acquired a declarative right in the realm.

“That right was enforceable by the court by virtue of Section 287(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).”

He urged the court to dismiss the EFCC’s application, arguing that “no cogent and verifiable reasons have been adduced for such amendment.”

In response, EFCC’s counsel, Abba Muhammed (SAN), maintained, “The motion on notice seeking to amend the charge against the former minister was brought pursuant to Sections 216(1) and (2) and 217 of the Administration of Criminal Justice Act (ACJA), 2015.”

He urged the court to grant the prosecution’s prayers, stating, “The amended charge filed on June 25, 2024, against the former minister was properly filed and served.”

The court adjourned the matter to February 3, 2025, for the defendant to be re-arraigned on the amended charges.

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