Amended Charges Approved in Ongoing Corruption Case
The Federal Capital Territory High Court in Abuja has approved the Economic and Financial Crimes Commission’s (EFCC) request to amend charges in the corruption case against former Minister of Power, Dr. Olu Agunloye.
Justice Jude Onwuegbuzie delivered the ruling on Thursday, allowing the EFCC to amend the charges initially filed in the case marked FCT/HC/CR/617/2023. The court also set February 3, 2025, as the date for Agunloye’s re-arraignment on the amended charges.
Details of the Case
Dr. Agunloye is facing a seven-count charge relating to forgery, disobedience of a presidential order, and corruption. The allegations stem from the Mambilla power plant project in Taraba State during his tenure as Minister of Power under former President Olusegun Obasanjo.
According to the EFCC, on May 22, 2003, Agunloye awarded a contract titled “Construction of 3,960MW Mambilla Hydroelectric Power Station on Build, Operate, and Transfer Basis” to Sunrise Power and Transmission Company Limited without the necessary budgetary provision, presidential approval, or cash backing.
The EFCC also alleged that funds from Sunrise Power and Transmission Company Limited were traced to accounts linked to Agunloye. The former minister, however, pleaded not guilty to all charges.
Defense Objection to Amended Charges
Agunloye’s counsel, Adeola Adedipe (SAN), had argued against the EFCC’s application to amend the charges, describing it as an overreach. Adedipe noted that the inclusion of Leno Adesanya’s name in the amended charges contradicted a declarative judgment by Justice Inyang Ekwo of the Federal High Court in Abuja, which recognized Adesanya’s enforceable rights under Section 287(3) of the 1999 Constitution (as amended).
The defense counsel urged the court to reject the amendment, arguing that the EFCC failed to provide cogent and verifiable reasons for altering the charges.
EFCC’s Argument for Amendment
Representing the EFCC, counsel Abba Muhammed (SAN) argued that the application to amend the charges was valid under Sections 216(1) and (2) and 217 of the Administration of Criminal Justice Act (ACJA), 2015. Muhammed emphasized that the EFCC’s request adhered to legal provisions and sought to ensure the proper administration of justice.
Ruling by Justice Onwuegbuzie
In his ruling, Justice Onwuegbuzie affirmed that the court has the discretion to permit the amendment of charges at any stage before judgment. The judge clarified that under Sections 216 and 217 of the ACJA, the prosecution is entitled to amend charges without prior court permission, provided the amendments comply with legal requirements.
Contrary to the defense’s claims, the judge ruled that the amendment would not overreach or prejudice the defendant.
“The stage at which the prosecution is amending the charges still provides the defendant with an opportunity to present his defense,” Justice Onwuegbuzie stated. “The matter is still at the stage of examination-in-chief of the prosecution, and the defense stage has not been reached.”
The judge emphasized that the amendment was necessary for justice and did not cause any injustice or disadvantage to the defendant.
Next Steps
The case is set to continue on February 3, 2025, with Dr. Agunloye’s re-arraignment on the amended charges. The court proceedings will determine whether the new allegations alter the trajectory of the case.
A High-Profile Case with Broad Implications
The case against Dr. Olu Agunloye is significant as it centers on the controversial Mambilla power plant project, a long-delayed initiative that has faced numerous legal and financial hurdles. The EFCC’s investigation and the amended charges highlight ongoing efforts to address corruption in Nigeria’s power sector and ensure accountability for past actions.
As the case progresses, it will be closely watched for its implications on governance, accountability, and the rule of law in Nigeria.
