The Economic and Financial Crimes Commission (EFCC) has successfully obtained court approval to amend its charges against the former Minister of Power, Olu Agunloye, in relation to a major corruption case involving the Mambilla Hydroelectric Power Station project.
Agunloye is being prosecuted by the EFCC on behalf of the Federal Government in case number FCT/HC/CR/617/2023. The charges against him consist of seven counts, including allegations of forgery, disregard for a presidential directive, and corruption connected to the Mambilla power plant project in Taraba State.
According to the EFCC, Agunloye awarded a contract on May 22, 2003, for the “Construction of the 3,960-megawatt Mambilla Hydroelectric Power Station on a build, operate, and transfer basis” to Sunrise Power and Transmission Company Limited, without securing the necessary budgetary approval, financial backing, or allocation from the government.
The EFCC further alleges that Agunloye received suspicious payments from Sunrise Power and Transmission Company Limited into his personal accounts during his tenure as Minister under former President Olusegun Obasanjo. These payments are said to be part of the broader corruption charges he is facing.
Agunloye has denied all the allegations and pleaded not guilty to the charges brought against him. However, in response to an objection raised by the defendant regarding the prosecution’s amended charges filed on June 25, 2024, Justice Jude Onwuegbuzie of the High Court of the Federal Capital Territory ruled on Thursday, January 23, that the court would allow the amendments. After carefully reviewing the supporting affidavit for the amendment, the judge noted that under the provisions of Sections 216 and 217 of the Administration of Criminal Justice Act (ACJA) 2015, charges can be amended or new charges introduced at any point before a judgment is delivered.
Justice Onwuegbuzie rejected the defendant’s claims that the amended charges were intended to undermine him, ruling that the amendments were not prejudicial to his case. The judge further scheduled a hearing for February 3, 2025, to facilitate Agunloye’s rearraignment under the amended charges.
Earlier, on November 13, 2024, Agunloye’s counsel, Adeola Adedipe (SAN), filed written arguments opposing the prosecution’s amendments, arguing that the amendments constituted an overreach. He referenced a prior ruling by Justice Inyang Ekwo of the Federal High Court, Abuja, involving Leno Adesanya, whose name is included in the amended charges. Adedipe contended that Adesanya had established a declarative right under Section 287(3) of the 1999 Constitution (as amended) and urged the court to reject the EFCC’s request for amendments.
In response to these objections, the prosecuting counsel, Abba Muhammed (SAN), stated that the amendments were filed in accordance with the provisions of Sections 216(1) and (2) and 217 of the ACJA 2015. He requested the court’s approval to amend the charges, ensure the accurate recording of the amended charges submitted on June 25, 2024, and formally serve the amended charges to the defendant.