A High Court of the Federal Capital Territory (FCT) has approved an amended charge filed by the Economic and Financial Crimes Commission (EFCC) against former Minister of Power, Olu Agunloye. The decision was delivered on Thursday by Justice Jude Onwuegbuzie, who ruled that the prosecution has the legal right to amend charges at any stage before judgment is pronounced.
Agunloye was initially arraigned by the EFCC in 2023 on a seven-count charge under case number FCT/HC/CR/617/2023. The charges include allegations of forgery, disobedience of a presidential directive, and corruption linked to the Mambilla power plant project in Taraba State. The EFCC later sought to amend the charges, a motion opposed by Agunloye’s legal counsel, Adeola Adedipe (SAN), who argued that the amendment could disadvantage his client.
In his ruling, Justice Onwuegbuzie emphasized that under Sections 216 and 217 of the Administration of Criminal Justice Act (ACJA) 2015, prosecutors have the discretion to amend or reframe charges without prior court approval, provided it does not contravene the law.
“The stage at which the prosecution is amending the charge still provides the defendant an opportunity to present his defense,” Justice Onwuegbuzie stated. He dismissed claims by the defense that the amendment would cause injustice or overreach the defendant, noting that the case remains at the prosecution’s examination-in-chief stage and has not yet progressed to the defense stage.
The amended charges relate to allegations that, on May 22, 2003, Agunloye awarded a contract for the construction of the 3,960-megawatt Mambilla Hydroelectric Power Station on a build, operate, and transfer basis to Sunrise Power and Transmission Company Limited. The EFCC claims the contract was awarded without budgetary provisions, requisite approvals, or cash backing.
Additionally, the EFCC alleges that it traced suspicious payments from Sunrise Power and Transmission Company Limited to accounts linked to Agunloye. The former minister, who served under the administration of former President Olusegun Obasanjo, has pleaded not guilty to all charges.
Justice Onwuegbuzie adjourned the case to February 3, 2025, for the defendant’s re-arraignment on the amended charges.
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