Justice Jude Onwuegbuzie of the Federal High Court in the FCT, sitting in Apo, Abuja, has permitted the Economic and Financial Crimes Commission (EFCC) on Thursday to amend the charges against former Minister of Power, Olu Agunloye, allowing him to enter his plea.
Agunloye is currently facing legal charges brought by the Economic and Financial Crimes Commission (EFCC) against him on seven different charges that bother on allegations of official corruption and the fraudulent awarding of the Mambilla Power Project contract, which amounts to the sum of $6 billion.
On July 1, 2024, Prosecution Counsel Abba Mohammed S. (SAN) brought the amended charge to the court’s attention, asking the court to acknowledge it and facilitate the defendant’s plea. This request was made following Sections 216 and 217 of the Administration of Criminal Justice Act, 2015.
The defence counsel, Adeola Adedipe SAN, however, objected to the plea, arguing that the standard procedure of the court must be formally sought and obtained before the EFCC can amend its charge. In response, the court asked the parties to provide them with authorities for the arguments referenced by the EFCC, specifically citing the Court of Appeal’s decision in Bovoa v FRN & Anor (2017).
During Thursday’s ruling, the judge stated that the amendment was not meant to prejudice the defendant or create injustice, stating that the court can allow changes or amendments to a charge, or even the introduction of a new charge, at any given point, provided it’s before the final judgment is rendered.
“In the court`s final decision, the arguments of the learned counsel to the defendant are hereby discountenanced and therefore hold that the application is liable to succeed accordingly, 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”.
Justice Onwuegbuzie adjourned the matter to February 3, 2025, for the defendant to take his plea.
