Justice Jude Onwuegbuzie of the Federal High Court in Apo, Abuja, on Thursday approved the Economic and Financial Crimes Commission’s (EFCC) request to amend charges against former Minister of Power, Olu Agunloye, and directed him to take his plea.
Agunloye faces a seven-count charge by the EFCC, alleging official corruption and the fraudulent award of the $6 billion Mambilla Power Project contract.
During the hearing, Prosecution Counsel Abba Mohammed (SAN) requested the court to accept the amended charges and compel the defendant to enter a plea, citing Sections 216 and 217 of the Administration of Criminal Justice Act, 2015.
However, Defence Counsel Adeola Adedipe (SAN) opposed the motion, arguing that the EFCC must formally seek and obtain the court’s leave before amending its charges.
In response, Justice Onwuegbuzie instructed both parties to provide legal authorities supporting their arguments. Referring to the Court of Appeal decision in Bovoa v FRN & Anor (2017), the judge ruled that amendments to charges are permissible before a final judgment, provided they do not disadvantage or create injustice for the defendant.
“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.