N6bn Fraud: EFCC Secures Court Approval to Amend Charges Against Ex-Minister Agunloye

N6bn Fraud: EFCC Secures Court Approval to Amend Charges Against Ex-Minister Agunloye

The Federal Capital Territory High Court in Abuja has approved an amendment to the charges by Economic and Financial Crimes Commission (EFCC)! against former Minister of Power, Dr. Olu Agunloye, in an ongoing N6 billion corruption case. The decision, delivered by Justice Jude Onwuegbuzie, followed a request from the Economic and Financial Crimes Commission (EFCC) to modify the existing allegations against the former minister.

In his ruling, Justice Onwuegbuzie emphasized that the court had the discretion to allow such amendments at any stage before judgment, as long as they complied with legal provisions. The judge referenced Sections 216 and 217 of the Administration of Criminal Justice Act (ACJA), 2015, affirming that the prosecution had the legal right to amend charges without prior court approval. Despite objections from Agunloye’s defense team, the judge ruled that the amendments would not cause injustice or unduly prejudice the defendant’s case.

Allegations of Corruption and Forgery in Mambilla Power Project by EFCC

Dr. Olu Agunloye faces a seven-count charge filed under case number FCT/HC/CR/617/2023. The EFCC alleges that during his tenure as Minister of Power, Agunloye awarded a contract for the construction of the 3,960-megawatt Mambilla Hydroelectric Power Station to Sunrise Power and Transmission Company Limited without necessary approvals, budgetary provisions, or cash backing. The contract, awarded on May 22, 2003, was reportedly issued under a Build, Operate, and Transfer (BOT) arrangement.

The EFCC! further alleged that suspicious payments from Sunrise Power were traced to bank accounts linked to Agunloye. The case, which has been under investigation for years, stems from controversies surrounding the stalled Mambilla power project in Taraba State, a critical infrastructure project meant to boost Nigeria’s electricity supply. Agunloye has denied all allegations and pleaded not guilty to the charges.

Defense Challenges EFCC’s Amendment Application

Agunloye’s legal counsel, Adeola Adedipe (SAN), strongly opposed the EFCC’s move to amend the charges. On November 13, 2024, Adedipe argued that the inclusion of businessman Leno Adesanya in the revised charges was contrary to a declarative judgment by Justice Inyang Ekwo of the Federal High Court in Abuja. According to the defense, Adesanya had secured an enforceable declarative right under Section 287(3) of the 1999 Constitution, and any attempt to link him to the case would contradict the existing court ruling.

The defense further contended that the Economic and Financial Crimes Commission had not provided sufficient justification for the amendment. Adedipe described the prosecution’s actions as an “overreach,” arguing that the request lacked merit and should be rejected. However, the prosecution countered that under the ACJA, amendments to charges could be made at any stage before judgment, provided they adhered to legal principles.

Implications and Next Steps in the Trial

With the court’s approval of the amended charges, the case is now set for re-arraignment on February 3, 2025. The EFCC, represented by counsel Abba Muhammed (SAN), has vowed to pursue the case vigorously, emphasizing that the amendments were necessary to ensure justice. The prosecution maintains that the revised charges strengthen their case against Agunloye, allowing them to present more concrete evidence of alleged wrongdoing.

Legal experts suggest that this development could significantly impact the EFCC prosecution trajectory. If convicted, Agunloye could face severe penalties, including lengthy imprisonment and asset forfeiture. The case also underscores the ongoing scrutiny of past government officials involved in controversial contracts, particularly those linked to major national infrastructure projects. With Nigeria’s power sector still grappling with inefficiencies, the trial’s outcome could shape future policies on project transparency and ministerial accountability.


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