The Federal High Court, FCT, sitting in Apo, Abuja, on Thursday, January 23, 2025, has allowed the Economic and Financial Crimes Commission, EFCC, to re-arraign former Minister of Power, Olu Agunloye, on amended charges bordering on alleged $6 billion project fraud.
Justice Jude Onwuegbuzie of the court granted EFCC’s request to amend its charges brought against Agunloye and make him take his fresh plea.
Early last year, Agunloye was arraigned by the EFCC over alleged official corruption and the alleged fraudulent award of the disputed Mambilla Power Project contract to the tune of $6 billion.
What transpired at previous proceedings
On July 1, 2024, EFCC counsel, Abba Mohammed, SAN, later informed the court of the need to amend its charge to reflect relevant information.
- According to an EFCC statement, he had urged the court to accept the amended charge and cause the defendant to take his plea in line with the provisions of Sections 216 and 217 of the Administration of Criminal Justice Act, 2015.
- But the defense counsel, Adeola Adedipe, SAN, raised an objection to the EFCC’s submissions on the amended charges, highlighting that the leave of the court must be formally sought and obtained before the EFCC can amend its charge.
- The court then directed parties to furnish it with relevant legal authorities for and against the request for re-arraignment.
What the Judge Said
In his ruling on Thursday, the judge held that the amendment by the EFCC was not intended to cause injustice to the defendant, stressing that a court of competent jurisdiction has powers to permit an alteration or amendment to a charge or framing of a new charge at any time before final judgment.
“In the court’s final decision, the arguments of the learned counsel to the defendant are hereby discountenanced, and therefore I hold that the application(for amendment) 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,” the judge said.
Justice Onwuegbuzie subsequently adjourned the matter to February 3, 2025, for the defendant to take his plea.
Backstory
Recall that on April 16, 2024, Justice Jude Onwueguzie dismissed a legal challenge from Olu Agunloye regarding the EFCC’s right to bring charges against him for an alleged fraud of $6 billion.
- The development paved the way for the commencement of the trial but for EFCC’s application to amend the charges.
- Nairametrics reported that Olu Agunloye, under ex-President Olusegun Obasanjo’s government, also lodged a lawsuit against the Economic and Financial Crimes Commission (EFCC), demanding N1 billion.
- The lawsuit, filed under suit number FHC/ABJ/CS/167/2024 by Agunloye’s legal team led by Mr. Adeola Adedipe, SAN, includes the Attorney-General of the Federation (AGF) as an additional defendant.
- Agunloye, former minister of power under President Olusegun Obasanjo, is at the center of the $6 billion Mambilla hydropower contract controversy and had been quizzed by the Economic and Financial Crimes Commission (EFCC) over the affair over the years.
Several matters have been instituted against parties associated with the Mambilla Project at different courts and arbitration proceedings.
