The Economic and Financial Crimes Commission (EFCC) has obtained approval from the High Court of the Federal Capital Territory (FCT) to amend its charges against former Minister of Power, Olu Agunloye, in an ongoing ₦6 billion fraud case.
Justice Jude Onwuegbuzie, presiding over the case, granted the EFCC's request on Thursday, January 23, after reviewing the supporting affidavit for the amendment motion. The court determined that the amendments were within the bounds of the law and did not disadvantage the defendant.
Agunloye is being prosecuted in case number FCT/HC/CR/617/2023 on a seven-count charge, including forgery, noncompliance with a presidential directive, and corruption linked to the Mambilla Hydroelectric Power Project in Taraba State.
The EFCC accuses Agunloye of awarding a contract on May 22, 2003, for the construction of the 3,960-megawatt Mambilla Power Station on a build, operate, and transfer basis to Sunrise Power and Transmission Company Limited. The commission claims the contract was awarded without budgetary allocation, approval, or financial backing.
Further allegations include questionable payments made by Sunrise Power and Transmission Company Limited into the accounts of the former minister, who served during the administration of former President Olusegun Obasanjo.
Agunloye has pleaded not guilty to all charges.
Justice Onwuegbuzie dismissed the defense's objections to the amended charges, emphasizing that amendments to charges are permissible under Sections 216 and 217 of the Administration of Criminal Justice Act (ACJA), 2015, as long as they comply with legal requirements.
The judge noted that the prosecution has the right to amend charges at any point before a judgment is delivered, clarifying that the EFCC's amendments were not intended to undermine the defendant. A hearing was subsequently scheduled for February 3 to enable Agunloye’s rearraignment on the amended charges.
Agunloye’s counsel, Adeola Adedipe SAN, had opposed the amendment, arguing that the prosecution’s request amounted to an overreach. Adedipe cited a declarative right established by Justice Inyang Ekwo of the Federal High Court in Abuja in favor of Leno Adesanya, whose name was added to the amended charges.
The senior advocate contended that this declarative right, enforceable under Section 287(3) of the 1999 Constitution, should bar the prosecution from making further amendments. He urged the court to reject the EFCC's motion, arguing that no substantial justification had been provided.
In response, EFCC prosecuting counsel Abba Muhammed SAN defended the motion, stating that the request for amendment was in line with Sections 216(1) and (2) and 217 of the ACJA, 2015. He insisted the amendments were necessary to ensure the charges against Agunloye reflected all relevant details and legal considerations.
The court granted the EFCC’s request, permitting the amended charges filed on June 25, 2024, to be officially recorded and served on the defendant.
