The Federal Capital Territory High Court in Abuja has approved the Economic and Financial Crimes Commission’s request to amend charges against former Minister of Power, Dr. Olu Agunloye.
According to The PUNCH, the ruling was delivered on Thursday by Justice Jude Onwuegbuzie, who stated that the court was satisfied with the prosecution’s motion for amendment.
Agunloye, facing a seven-count charge in case number FCT/HC/CR/617/2023, is accused of forgery, disobedience to a presidential directive, and corruption linked to the Mambilla power plant project in Taraba State.
Among the allegations is that Agunloye, on May 22, 2003, awarded a contract for the construction of the 3,960MW Mambilla Hydroelectric Power Station to Sunrise Power and Transmission Company Limited without necessary approvals or budgetary backing.
The EFCC further alleges that suspicious payments were traced from Sunrise Power and Transmission Company Limited to accounts connected to the former minister, who served during former President Olusegun Obasanjo’s administration. Agunloye has pleaded not guilty to all charges.
Justice Onwuegbuzie ruled in favor of the EFCC’s motion, emphasizing that Sections 216 and 217 of the Administration of Criminal Justice Act (ACJA) 2015 allow the prosecution to amend charges before judgment, provided the amendments follow legal provisions.
“The stage at which the prosecution is amending the charges still provides the defendant with an opportunity to present his defence,” the judge stated.
The court dismissed objections raised by Agunloye’s counsel, Adeola Adedipe (SAN), who argued that the amendment would contradict a declarative judgment by Justice Inyang Ekwo of the Federal High Court.
According to Adedipe, the inclusion of Leno Adesanya’s name in the amended charges violated Section 287(3) of the 1999 Constitution, which recognizes Adesanya’s enforceable rights.
In response, EFCC counsel Abba Muhammed (SAN) justified the application under Sections 216 and 217 of the ACJA, noting that it was within the prosecution’s discretion to request amendments.
Justice Onwuegbuzie clarified that the court’s decision was not an attempt to prejudice the defendant. “It is my humble view that the amendment is not intended to overreach the defendant or cause injustice to him,” the judge said.
Following the ruling, the case was adjourned to February 3, 2025, for Agunloye’s re-arraignment on the amended charges.
