By Edith Nwapi
Justice Jude Onwuegbuzie of the High Court of a Federal Capital Territory (FCT) on Thursday granted leave to the Economic and Financial Crimes Commission (EFCC) to amend charge against a former Minister of Power, Dr Olu Agunloye.
The former minister is being prosecuted by EFCC, on behalf of the Federal Government, in the suit, marked FCT/HC/CR/617/2023, on a seven-count charge bordering on forgery, disobedience of presidential order and corruption in the Mambilla power plant project in Taraba State.
The commission alleged that Agunloye on May 22, 2003 awarded a contract titled “Construction of 3,960 megawatt Mambilla Hydroelectric Power Station on build, operate and transfer basis to Sunrise Power and Transmission Company Limited without any budgetary provision, approval and cash backing.
It also, among others, alleged that it traced some suspicious payments made by Sunrise Power and Transmission Company Limited to accounts of the former minister, who served in the administration of former President Olusegun Obasanjo.
The defendant, however, pleaded not guilty to the charge preferred against him.
Ruling on the defendant’s objection to the amended charge filed by the prosecution on June 25, 2024, Justice Onwuegbuzie held that having gone through the affidavit in support of the motion for amendment, the court is convinced to allow the amendment.
He noted that the court may permit an alteration or amendment to a charge or reframing of a new charge at any time before judgment is pronounced.
He further held that whenever the prosecution decides to amend the charge already before the court, it can proceed to do so without asking permission or leave to do so in so far it is in line with the provisions of Sections 216 and 217 of the Administration of Criminal Justice Act (ACJA) 2015.
The judge held that contrary to the defendant’s submission that attempt by EFCC to amend the charge was to overreach him, the amendment of the charge was not meant to overreach the former minister.
“The stage at which the prosecution is amending the charge still gives the defendant an opportunity to put up his defence.
“The matter is still at the stage of examination in chief of the prosecution. The matter is yet to get to the defence stage.
“It is my humble view that the amendment is not intended to overreach the defendant and cause injustice to him.”
He then adjourned until Feb. 3 for rearriagnment of the defendant on the amended charge.
Agunloye had, through his counsel, Adeola Adedipe SAN, on Nov. 13, 2024, while adopting his written address on his objection to the amended charge told the court that the prosecution’s attempt to amend the charge was an overreach.
Adedipe argued that the amendment sought is an overreach, submitting that Leno Adesanya whose name is being imported into the amended charge by the virtue of the judgment of Justice Inyang Ekwo of the Federal High Court, Abuja, had acquired a declarative right in realm.
According to the senior advocate, that right was enforceable by the court by virtue of Section 287(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
He, therefore, urged the court to dismiss the prosecution’s application to amend the charge by holding that no cogent and verifiable reasons have been adduced for such amendment.
The prosecuting counsel, Abba Muhammed SAN, informed the court that the Motion on Notice seeking to amend the charge against the former minister was brought pursuant to Sections 216(1) and (2) and 217 of the Administration of Criminal Justice Act (ACJA), 2015.
He then urged the court to grant the prosecution’s prayers, seeking an order granting leave to amend the instant charge against the defendant and an order seeing the amended charge filed on June 25, 2024 against the former minister properly filed and served.
(NAN)
