A former minister of power, Olu Agunloye, has challenged the amended charge filed against him by the Economic and Financial Crimes Commission (EFCC) in an FCT High Court.
He is standing trial over allegations of some infractions in the award of the $6 billion Mambilla hydropower plant in Taraba State.
Agunloye, who served as minister under former President Olusegun Obasanjo’s administration, is charged with seven counts bordering on forgery, and disobedience to presidential order before Justice Jude Onwuegbuzie.
In the suit, marked FCT/HC/CR/617/22, EFCC alleged that Agunloye on May 22, 2003, awarded a contract titled “Construction of 3,960-megawatt Mambilla Hydroelectric Power Station on the build, operate.
EFCC claimed that the transfer basis was to Sunrise Power and Transmission Company Limited without any budgetary provision, approval or cash backing.
The commission also, among others, alleged that it traced some suspicious payments made by Sunrise Power and Transmission Company Limited to the former minister’s accounts.
The defendant, however, pleaded not guilty to the charge.
At the resumed hearing of the matter, the prosecution counsel, Abba Muhammad, SAN, informed the court that the prosecution filed an amended charge before the court and also provided an additional six proof of evidence.
He, therefore, urged the court to allow the defendant to take his plea to the amended charge.
Opposing this, Agunloye, through his counsel, Adeola Adedipe SAN, told the court that the case was adjourned for the defence to cross-examine the second prosecution witness (PW2), Adewale Agunbiade.
He told the court that the defence came prepared to cross-examine the PW2.
He stated that the prosecution should allow its witness to be cross-examined first before talking about the amendment of the charge before the court.
He said the prosecution cannot unilaterally amend the charge before the court.
Adedipe further said that for the prosecution to amend the charge against the defendant, it should apply formally to the court for leave to do so.
He cited the provisions of Section 218(2) of the Administration of Criminal Justice Act, ACJA.
Responding, Muhammed said the prosecution has the power to amend the charge against any defendant at any trial stage before judgment and cited Section 216(1) and (2) to back his submission.
After listening to their submissions, Justice Onwuegbuzie directed the prosecution to formally apply for the amendment of the charge to allow the defence to respond to the same.
He added that the court would hear the application at the next adjourned date.
The judge subsequently adjourned the case until November 11.
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