The Federal Capital Field Top Court docket in Abuja, on Thursday, granted the request of the Financial and Monetary Crimes Fee to amend the fees filed towards a former energy minister, Dr Olu Agunloye.
Justice Jude Onwuegbuzie allowed the modification pace ruling at the defendant’s objection filed by means of the prosecution on June 25, 2024.
Justice Onwuegbuzie, later reviewing the affidavit in aid of the movement for modification, held that the court docket used to be satisfied to allow the modification.
Following the permission, the court docket adjourned the case to February 3, 2025, for Agunloye’s re-arraignment at the amended fees.
Agunloye is dealing with a seven-count price filed by means of the EFCC in a go well with marked FCT/HC/CR/617/2023.
The fees relate to forgery, disobedience of a presidential line, and corruption in regards to the Mambilla energy plant undertaking in Taraba Order.
The EFCC alleged that on Might 22, 2003, Agunloye awarded a guarantee titled “Construction of 3,960MW Mambilla Hydroelectric Power Station on Build, Operate and Transfer Basis” to Dawn Energy and Transmission Corporate Restricted with out budgetary provision, esteem, or money backing.
The anti-graft company additional alleged that it traced suspicious bills made by means of Dawn Energy and Transmission Corporate Restricted to accounts related to Agunloye, who served beneath former President Olusegun Obasanjo.
Agunloye, then again, pleaded now not in charge to the fees.
His suggest, Adeola Adedipe (SAN), on November 13, 2024, argued towards the prosecution’s utility to amend the fees.
Adedipe (SAN) contended that the modification sought by means of the EFCC used to be an overreach.
He argued that introducing the identify of Leno Adesanya into the amended price contradicted a declarative judgment by means of Justice Inyang Ekwo of the Federal Top Court docket in Abuja.
Consistent with Adedipe, Adesanya had got an enforceable declarative proper beneath Category 287(3) of the 1999 Charter (as amended).
He instructed the court docket to renounce the prosecution’s utility, pointing out that negative cogent or verifiable causes have been equipped for the modification.
EFCC suggest, Abba Muhammed (SAN), then again, argued that the applying to amend the fees used to be introduced pursuant to Divisions 216(1) and (2) and 217 of the Management of Felony Justice Business (ACJA), 2015.
Muhammed instructed the court docket to handover the EFCC’s prayers, which incorporated the release to amend the fees towards the defendant and permission to grant the amended fees at the defendant.
In his ruling, Justice Onwuegbuzie held that the court docket has the discretion to allow the alteration or modification of fees at any level earlier than judgment is delivered.
He said that beneath Divisions 216 and 217 of the ACJA, 2015, the prosecution may just amend fees with out in quest of permission, equipped the amendments complied with the legislation.
Opposite to the defendant’s claims, the pass judgement on dominated that the modification used to be now not supposed to overreach or prejudice the defendant.
“The level at which the prosecution is amending the fees nonetheless supplies the defendant with a possibility to give his defence.
“The subject continues to be on the level of examination-in-chief of the prosecution, and the defence level has now not been reached.
“It is my humble view that the amendment is not intended to overreach the defendant or cause injustice to him,” Justice Onwuegbuzie mentioned.