$6b Mambilla Fraud: Court permits EFCC to amend charges against Agunloye

Justice Jude Onwuegbuzie of the Federal High Court, FCT, sitting in Apo, Abuja, on Thursday, granted the request 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 a seven-count, bordering on official corruption and the fraudulent award of the Mambilla Power Project contract to the tune of $6 billion.

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 it and cause the defendant to take his plea, relying on the provisions of Sections 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 the 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).

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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 permit an alteration or amendment to a charge or the framing of a new charge at any time before judgment is pronounced.

“In the court’s final decision, the arguments of the learned counsel for 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.