Justice Jude Onwuegbuzie of the Federal High
Court, FCT sitting
in Apo, Abuja on Thursday, January 23, 2025 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 Mambilla Power Project contract to the tune of $6billion (Six Billion
United States Dollars).
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.
Comments:
Leave a Reply