A High Court of the Federal Capital Territory (FCT) on Thursday accepted the amendment made by the Economic and Financial Crimes Commission (EFCC) to the charge against former Minister of Power, Olu Agunloye.
The EFCC had arraigned Agunloye last year on a seven-count charge marked FCT/HC/CR/617/2023, involving forgery, disobedience of presidential order, and corruption in the Mambilla power plant project in Taraba state.
The anti-graft agency later amended the charge, which Agunloye’s lawyer, Adeola Adedipe (SAN), objected to, arguing that it would overreach his client.
Ruling on Thursday, Justice Jude Onwuegbuzie held that the prosecution was entitled to amend its charge at any stage before judgment.
Justice Onwuegbuzie, after reviewing the affidavit in support of the motion for amendment filed by the EFCC, allowed the amendment.
The judge stated that a court may permit an alteration or amendment to a charge or reframing of a new charge at any time before judgment is pronounced.
He emphasized that the prosecution can amend a charge already before the court without asking for permission, as long as it aligns with the provisions of Sections 216 and 217 of the Administration of Criminal Justice Act (ACJA) 2015.
Justice Onwuegbuzie dismissed the defendant’s contention that the amendment was intended to overreach him.
He said: “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.
“It is my humble view that the amendment is not intended to overreach the defendant and cause injustice to him,” the judge said.
He then adjourned till February 3 for the defendant’s rearrangement on the amended charge.
In the charge, the prosecution alleged, among others, that Agunloye on May 22, 2003, awarded a contract titled “Construction of 3,960 megawatt Mambilla Hydroelectric Power Station on build, operate and transfer basis to Sunrise Power and Transmission Company Limited without any budgetary provision, approval, and cash backing.”
EFCC claimed to have traced some suspicious payments made by Sunrise Power and Transmission Company Limited to accounts of the former minister, who served in the administration of former President Olusegun Obasanjo.
Agunloye pleaded not guilty to the charge when he was arraigned.
Source: The nation
