On Thursday, Justice Jude Onwuegbuzie of the Federal High Court, FCT, in Apo, Abuja, approved the Economic and Financial Crimes Commission’s (EFCC) request to alter charges against former Minister of Power Olu Agunloye and require him to take a plea.
The EFCC has charged Agunloye with seven counts of official corruption and fraudulently awarding the $6 billion Mambilla Power Project contract.
Earlier, on July 1, 2024, Prosecution Counsel Abba Mohammed (SAN) called the court’s attention to the modified charge, urging the court to accept it and order the defendant to enter a plea, citing Sections 216 and 217 of the Administration of Criminal Justice Act, 2015.
However, the EFCC stated on Thursday that the defence counsel, Adeola Adedipe (SAN), opposed the plea, stating that the court’s leave must be explicitly sought and granted before the commission can modify its charge.
Responding, the court directed parties to provide the court with authorities in support of the argument canvassed by the EFCC, the Court of Appeal’s decision in Bovoa v. FRN & Anor (2017). During Thursday’s ruling, the judge held that the amendment was not intended to overreach the defendant and cause injustice to him and that a court may allow an alteration or amendment to a charge or the framing of a new charge at any time before judgement is pronounced.
“In the court’s final decision, the arguments of the learnt counsel to the defendant are hereby discountenanced, and therefore I 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.
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