By Nkechi Eze
A Federal High Court in Abuja has granted the Economic and Financial Crimes Commission (EFCC) permission to amend charges against Olu Agunloye, a former Minister of Power. This decision, made by Justice Jude Onwuegbuzie, allows the EFCC to modify the existing seven-count charges against Agunloye, who is accused of official corruption and fraudulent award of the Mambilla Power Project contract worth $6 billion.
A ststement made available to newsmen states that; Earlier on July 1 2024, Prosecution Counsel, Abba Mohammed, SAN, drew the attention of the court to the amended charge, urging the court to accept same and cause the defendant to take his plea, relying on the provision of Section 216 and 217 of the Administration of Criminal Justice Act, 2015.
However, defense counsel, Adeola Adedipe, SAN objected to the plea arguing that the leave of the court must be formally sought and obtained before the EFCC can amend its charge.
Responding, the court directed parties to furnish the court with authorities in support of the argument canvassed to which the EFCC made reference to the Court of Appeal’s decision in Bovoa v FRN & Anor (2017).
During Thursday’s ruling, the judge held that amendment was not intended to overreach the defendant and cause injustice to him and that a court may permit an alteration or amendment to a charge or framing of a new charge at any time before judgment is pronounced.
“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.
