Justice Jude Onwuegbuzie of the High Court of the Federal Capital Territory (FCT), sitting at Apo, Abuja, today fixed Monday, February 3, for the Economic and Financial Crimes Commission (EFCC) to re-arraign a former Minister of Power, Dr Olu Agunloye, on an amended charge before the court.
The judge fixed the date after allowing the anti-corruption commission to amend its earlier charge before the court against the former minister.
Agunloye is being prosecuted by the EFCC, on behalf of the Federal Government, in the suit marked FCT/HC/CR/617/2023, on a seven-count charge bordering on forgery, disobedience of a presidential order, and corruption in the Mambilla power plant project in Taraba State.
The commission alleged 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, or cash backing.
It also, among others, alleged that it 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.
The defendant, however, pleaded not guilty to the charge preferred against him.
Ruling on the former minister’s objection to the amended charge filed by the EFCC on June 25, 2024, Justice Onwuegbuzie held that having gone through the affidavit in support of the motion for amendment, the court is convinced to allow the amendment.
He noted that the court may permit an alteration or amendment to a charge or reframing of a new charge at any time before judgment is pronounced.
He further held that whenever the prosecution decides to amend the charge already before the court, it can proceed to do so without asking permission or leave to do so, in so far as it is in line with the provisions of Sections 216 and 217 of the Administration of Criminal Justice Act (ACJA) 2015.
The judge held that contrary to the defendant’s submission that amending the charge was to overreach him, the amendment is not meant to overreach the former minister.
According to him, “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.”
He then adjourned to February 3 for the rearrangement of the defendant on the amended charge.
Agunloye had, through his counsel, Adeola Adedipe SAN, on November 13, 2024, while adopting his written address on his objection to the amended charge, told the court that the prosecution’s attempt to amend the charge was an overreach.
Adedipe argued that the amendment sought is an overreach, submitting that Leno Adesanya, whose name is being imported into the amended charge by virtue of the judgement of Justice Inyang Ekwo of the Federal High Court, Abuja, had acquired a declarative right in the realm.
According to the senior advocate, that right was enforceable by the court by virtue of Section 287(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
He, therefore, urged the court to dismiss the prosecution’s application to amend the charge by holding that no cogent and verifiable reasons have been adduced for such an amendment.
On his part, the prosecuting counsel, Abba Muhammed SAN, informed the court that the Motion on Notice seeking to amend the charge against the former minister was brought pursuant to Sections 216(1) and (2) and 217 of the Administration of Criminal Justice Act (ACJA), 2015.
He then urged the court to grant the prosecution’s prayers, seeking an order granting leave to amend the instant charge against the defendant and an order seeing the amended charge filed on June 25, 2024, against the former minister properly filed and served.
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