A Federal High Court sitting in Apo, Abuja on Thursday granted the Economic and Financial Crimes Commission (EFCC) permission to amend the charges against former Minister of Power, Olu Agunloye, over the alleged fraudulent award of the $6 billion Mambilla Power Project contract.
Presiding over the case, Justice Jude Onwuegbuzie ruled in favor of the EFCC’s application to amend the charges and ordered Agunloye to take his plea.
The former minister is facing a seven-count charge bordering on official corruption and the fraudulent handling of the Mambilla Power Project contract.
The EFCC’s prosecution counsel, Abba Mohammed, had earlier, on July 1, 2024, urged the court to allow the amendment under Sections 216 and 217 of the Administration of Criminal Justice Act, 2015.
However, Agunloye’s defense counsel, Adeola Adedipe, argued that the EFCC must first formally seek and obtain the court’s leave before altering the charges.
In response, the court directed both parties to submit legal authorities supporting their positions.
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The EFCC referred to the Court of Appeal’s decision in Bovoa v. FRN & Anor (2017) to justify its request.
Delivering the ruling, Justice Onwuegbuzie stated that the amendment was not intended to prejudice the defendant or cause him injustice.
The judge emphasised that a court could permit alterations or amendments to charges at any point before delivering judgment.
“The arguments of the learned counsel to the defendant are hereby discountenanced. The application is liable to succeed, and I so hold. Subsequently, the application is hereby granted as prayed on the face of the motion paper, and the defendant is hereby ordered to take his plea on the altered or amended charge. This is the ruling of the court,” the judge ruled.
The case was adjourned to February 3, 2025, for Agunloye to take his plea on the amended charges.
