Justice Jude Onwuegbuzie of the Federal High Court, FCT sitting in Apo, Abuja on Thursday, granted the prayers of the Economic and Financial Crimes Commission (EFCC) to amend charges brought against a former Minister of Power, Olu Agunloye and make him take his plea.
Agunloye is standing trial by the EFCC on seven-count charges bordering on official corruption and fraudulent award of the Mambilla Power Project contract to the tune of $6 billion.
Earlier on July 1 2024, Prosecution Counsel, Abba Mohammed S(AN) 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, a statement by the EFCC on Thursday said the defence counsel, Adeola Adedipe (SAN) objected to the plea, arguing that the leave of the court must be formally sought and obtained before the commission 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.
