Shock Twist in Mambilla Power Plant Saga: Ex-Minister's Legal Battle Intensifies

The Economic and Financial Crimes Commission was given permission by Justice Jude Onwuegbuzie of the Federal Capital Territory's High Court on Thursday to modify the allegations against Olu Agunloye, a former Minister of Power.

In the case, designated FCT/HC/CR/617/2023, the EFCC is prosecuting the former minister on behalf of the federal government on seven counts that include corruption, forgery, and disobedience of presidential orders in relation to the Mambilla power plant project in Taraba State.

The commission said that on May 22, 2003, Mr. Agunloye gave Sunrise Power and Transmission Company Limited a contract for the "Construction of 3,960 megawatt Mambilla Hydroelectric Power Station" on a build, operate, and transfer basis without any financial support, approval, or budgetary provisions.

Among other things, it claimed to have linked the former minister's accounts to some dubious payments made by Sunrise Power and Transmission Company Limited while he was employed by former President Olusegun Obasanjo.

However, the defendant entered a not guilty plea to the case that was brought against him.

After reviewing the affidavit supporting the application for modification, Mr. Onwuegbuzie ruled that the court was persuaded to grant the amendment in response to the defendant's opposition to the amended charge that the prosecution had filed on June 25, 2024.

He pointed out that the court has the right to allow a charge to be changed, amended, or reframed before a decision is rendered.
 

He additionally held that, to the extent that it complies with Sections 216 and 217 of the Administration of Criminal Justice Act (ACJA) 2015, the prosecution may modify the charge that is now before the court without requesting authorization or leave.

The judge determined that the EFCC's attempt to modify the accusation was not intended to overreach the former minister, despite the defendant's argument that it did.
"The defendant still has a chance to present his defense at the point where the prosecution is changing the charge," he stated. The case is currently being investigated by the prosecutor's chief. The defense phase of the case has not yet been reached. In my humble opinion, the amendment is not meant to go too far and treat the defendant unfairly.

He then postponed the re-arraignment of the defendant on the amended charge until February 3.

In his written address on November 13, 2024, Mr. Agunloye objected to the modified charge and told the court that the prosecution had overreached itself by trying to change the accusation. He did this through his attorney, Adeola Adedipe SAN.

According to Mr. Adedipe, the proposed amendment is an overreach because Leno Adesanya, whose name is being added to the modified charge due to the Federal High Court of Abuja's Justice Inyang Ekwo's ruling, has a declaratory right in the realm.

According to the senior attorney, the court might enforce such right under Section 287(3) of the Federal Republic of Nigeria's 1999 Constitution (as amended).

As a result, he urged the court to reject the prosecution's request to change the charge, claiming that no convincing and supporting evidence had been presented.

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.