A former Minister of Power, Dr Olu Agunloye on Monday, kicked against the Economic and Financial Crimes Commission (EFCC) amending the charge it brought against him, alleging some infractions committed on the Mambila Hydropower plant in Taraba State.
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The former minister, who served in the former President Olusegun Obasanjo’s administration, is facing a seven-count charge bordering on forgery, disobedience of presidential order, and corruption before Justice Jude Onwuegbuzie, of the High Court of the Federal Capital Territory (FCT), sitting at Apo, Abuja, brought against him by EFCC, on behalf of the Federal Government.
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 build, operate and transfer basis to Sunrise Power and Transmission Company Limited without any budgetary provision, approval, and 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 preferred against him.
At the resumed hearing of the matter today, the prosecuting counsel, Abba Muhammad SAN, informed the court that the prosecution had an amended charge before it and also filed additional six proofs of evidence.
He, therefore, urged the court to allow the defendant to take his plea for the amended charge.
Opposing this, Agunloye, through his counsel, Adeola Adedipe SAN, told the court that the case was adjourned on September 23 to today for the defence to cross-examine the second prosecution witness (PW2), Adewale Agunbiade.
He told the court that the defense came prepared to cross-examine the witness, adding that the prosecution should allow its witness to be first cross-examined before talking about amendment of the charge before the court.
While saying that the prosecution cannot unilaterally amend the charge before the court, Adedipe said for the prosecution to amend the charge against the defendant, it ought to apply formally to the court for leave to do so, citing the provision of Section 218(2) of the Administration of Criminal Justice Act (ACJA).
Responding, Muhammed said the prosecution had the power to amend the charge against any defendant at any stage of trial before judgment and cited Section 216(1) and (2) to back his submission.
After listening to submissions by both sides, Justice Onwuegbuzie directed the prosecution to formally apply for the amendment of the charge and 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 to November 11 and 13.
The PW2, a Compliance Officer with Jaiz Bank, who previously worked as Compliance Officer with Guaranty Trust Bank, had on September 23 told the court that while he was with the latter, EFCC wrote an investigation activity inquiry to the bank in respect two of its customers, Agunloye and one Sotirin Jide Abiodun.
He said a commercial bank furnished EFCC with the account opening documents, and statements of accounts of the customers.
Reading from exhibits earlier tendered by the prosecution, the witness told the court that certain amounts, totaling N5,221,000 were transferred to Agunloye by Sotirin between August and November 2019.
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