By Edith Nwapi
A former minister of power, Dr 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 on allegations of some infractions in the six billion dollars Mambila Hydropower plant award in Taraba.
Agunloye, a minister under former President Olusegun Obasanjo’s administration, was charged before Justice Jude Onwuegbuzie with seven counts bordering on forgery and disobedience to presidential order.
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 and provided an additional six pieces 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 witnesses to be cross-examined first before discussing amending the charge before the court.
He said the prosecution cannot unilaterally amend the charge before the court.
Adedipe further said that the prosecution should apply formally to the court for leave to amend the charge against the defendant.
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.
He added that the court would hear the application at the next adjourned date.
The judge subsequently adjourned the case until November 11.
Earlier, on September 23, the PW2, a Compliance Officer with Jaiz Bank who previously worked as a Compliance Officer with Guaranty Trust Bank, testified.
He told the court that while he was with the latter, the EFCC wrote an investigation activity inquiry into the bank regarding two of its customers, Agunloye and Sotirin Abiodun.
The witness said GT Bank furnished the EFCC with the customers’ account opening documents and statements of accounts.
Reading from exhibits earlier tendered by the prosecution, the witness told the court that Sotirin transferred N5.2m to Agunloye between August and November 2019.
