The Economic and Financial Crimes Commission (EFCC) has obtained court approval to amend its charges against former Minister of Power, Olu Agunloye.
Agunloye is being prosecuted by the EFCC on behalf of the Federal Government in case number FCT/HC/CR/617/2023.
The seven-count charge includes allegations of forgery, disregard for a presidential directive, and corruption linked to the Mambilla power plant project in Taraba State.
According to the EFCC, Agunloye awarded a contract on May 22, 2003, 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 without budgetary approval, allocation, or financial backing.
The EFCC also alleges that questionable payments were made by Sunrise Power and Transmission Company Limited to the former minister’s accounts during his tenure under former President Olusegun Obasanjo.
Agunloye has pleaded not guilty to the charges.
In response to an objection raised by the defendant regarding the prosecution’s amended charges filed on June 25, 2024, Justice Jude Onwuegbuzie of the High Court of the Federal Capital Territory ruled on Thursday, January 23, that the court would permit the amendments. After reviewing the supporting affidavit for the amendment, the judge emphasized that charges could be altered or new charges introduced at any time before a judgment is delivered, in accordance with Sections 216 and 217 of the Administration of Criminal Justice Act (ACJA) 2015.
Justice Onwuegbuzie dismissed claims by the defendant that the amended charges were intended to undermine him, ruling instead that the amendments were not prejudicial. He scheduled a hearing for February 3, 2025, to allow for the defendant’s rearraignment under the amended charges.
On November 13, 2024, Agunloye’s counsel, Adeola Adedipe (SAN), had filed written arguments opposing the prosecution’s amendments. Adedipe argued that the amendments constituted an overreach and referred to a ruling by Justice Inyang Ekwo of the Federal High Court, Abuja, involving Leno Adesanya, whose name is included in the amended charges. Adedipe contended that Adesanya had established a declarative right enforceable under Section 287(3) of the 1999 Constitution (as amended) and urged the court to reject the EFCC’s request.
In response, prosecuting counsel Abba Muhammed (SAN) stated that the amendments were filed in compliance with Sections 216(1) and (2) and 217 of the ACJA 2015. He requested the court’s approval to amend the charges, properly record the amended charges submitted on June 25, 2024, and serve them to the defendant.
