The Federal High Court sitting in Apo, Abuja, has granted the Economic and Financial Crimes Commission (EFCC) permission to amend the charges filed against former Minister of Power, Olu Agunloye, in connection with the alleged fraudulent award of the Mambilla Power Project contract.

Justice Jude Onwuegbuzie delivered the ruling on Thursday, ordering Agunloye to take his plea on the amended charges. The EFCC had initially arraigned Agunloye on a seven-count charge of corruption involving the $6 billion power project contract.

On 1 July 2024, EFCC Prosecution Counsel, Abba Mohammed (SAN), applied for the court’s approval to amend the charges, citing Sections 216 and 217 of the Administration of Criminal Justice Act, 2015.

However, the defence counsel, Adeola Adedipe (SAN), objected, arguing that the EFCC must formally seek and obtain the court’s leave to amend the charges. The court subsequently directed both parties to submit legal precedents supporting their positions.

During Thursday’s proceedings, the EFCC referred to the Court of Appeal’s decision in Bovoa v FRN & Anor (2017). In his ruling, Justice Onwuegbuzie held that the amendment was not intended to disadvantage the defendant and emphasised that the court has the discretion to allow charge amendments at any point before delivering its judgement.

“The arguments of the defence counsel are hereby overruled,” the judge declared. “The application is granted as requested, and the defendant is ordered to take his plea on the amended charges.”

The case has been adjourned until 3 February 2025 for the defendant’s plea.