A former Minister of Power, Dr. Olu Agunloye, yesterday challenged the amended charge the Economic and Financial Crimes Commission (EFCC) filed against him at a Federal Capital Territory (FCT) High Court in Abuja.
The former minister is standing trial for alleged infractions in the award of the $6 billion Mambila Hydropower plant in Taraba State.
Agunloye, who was 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, the EFCC alleged that Agunloye, on May 22, 2003, awarded a contract, titled: “Construction of 3,960 megawatt (MW) Mambilla Hydroelectric Power Station” on Build and Operate basis.
The anti-graft body also alleged that the minister contracted the project to Sunrise Power and Transmission Company Limited without any budgetary provision, approval and cash backing.
The EFCC also alleged, among others, that it traced some suspicious payments made by Sunrise Power and Transmission Company Limited to the former minister’s accounts.
But the defendant pleaded not guilty to the charge.
At the resumed hearing of the matter, the prosecution counsel, Abba Muhammad (SAN), informed the court that the commission filed an amended charge before the court and provided additional six proof of evidence.
The lawyer prayed the court to allow the defendant take his plea to the amended charge.
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.
The former minister said the defence came prepared for the cross-examination of the PW2 and not for an amended charge.
He urged the prosecution to allow its witness to be cross-examined first before talking about an amendment to the charge before the court.
Adedipe said the prosecution could not unilaterally amend the charge before the court.
The lawyer averred that for the prosecution to amend the charge against the defendant, it ought to 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).
Muhammed said the prosecution has the power to amend the charge at any stage of trial before judgment, citing 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 to the charge to enable the defence to respond to same.
He announced that the court would hear the application at the next adjourned date and adjourned the case till November 11.