An objection raised by the former Minister of Power and Steel, Dr Olu Agunloye, to the oral evidence of prosecution witness in his ongoing trial , on Monday, forced the Economic and Financial Crimes Commission (EFCC) to tender documentary evidence.
The EFCC is prosecuting the former minister before an Abuja High Court over alleged $6 billion infractions in the award of contract for construction of Mambilla Hydroelectric Power Station in Taraba.
Agunloye is standing trial on an amended seven-count charge of forgery, disobeying presidential directive and gratification before Justice Jude Onwuegbuzie of the FCT High Court, sitting at Apo.
“In the charge, marked FCT/HC/CR/617/2023, EFCC alleged that Agunloye awarded contract for the Mambilla project in May 22, 2003 to Sunrise Power and Transmission Company Ltd (SPTCL) without any budgetary provision, approval and cash backing.
The commission, also among others, alleged that the former minister received the total of N5.212 million from SPTCL Ltd and Leno Adesanya, through Jide Abiodun Sotirin, which was paid into his Guaranty Trust Bank account.
The amount, the commission said was paid to the defendant, for obtaining the Federal Government’s approval for the construction of the Mambilla power project in favour of SPTCL while serving as minister.”
The former minister, however, pleaded not guilty to the charges against him.
At the resumed hearing on the matter,the third prosecution witness (PW3), Umar Babangida, an Assistant Commissioner of Police on secondment to EFCC from the Nigeria Police Force, testified.
He narrated how on Oct. 6, 2021, the Attorney-General of the Federation (AGF) and Minister of Justice petitioned the anti-graft agency and requested an investigation into the May 22, 2003 approval to SPTCL Ltd for the construction of the Mambilla project.
Babangida, who was led in his evidence by prosecution counsel, Abba Mohammed SAN, said that the petition was assigned to the special committee he headed to investigate.
He said his team wrote to Corporate Affairs Commission (CAC), requesting for documents on incorporation of SPTCL Ltd, which revealed that the company was incorporated in 2001 with two directors, Laitan Adesanya and Ibironke Adesanya.
He explained that between 2003 and 2020, the company’s share capital rose from 1,250,000 to 10 million ordinary shares.
He added that Laitan Adesanya held the major shares of 8,725,000 and was the Managing Director/CEO of the company.
The PW3 further narrated to the court that his team wrote to the Federal Ministry of Power and Steel, requesting for records of bidding process and evaluation.
He also added how his team requested for recommendation and approval for the award of the Mambilla power project, which he said the team received from the ministry.
The ACP informed the court that part of the documents received from the ministry was a letter dated April 7, 2003, written by the then minister, Dr Agunloye.
“The letter was addressed to Chief Olusegun Obasanjo, GCFR.
” The letter reminded the President of the earlier approval by the President for the Ministry of Power and Steel to conduct further negotiations between the ministry and Tafag Nigeria Ltd and Sunrise Power and Transmission Company Ltd.
“The letter further informed Mr President that after negotiations with the companies, the proposal and presentations by Sunrise Power and Transmission Company Ltd for the construction of the Mambilla Hydropower Station, on built, operate and transfer basis, was found to be more superior and acceptable.”
The PW3 added that Obasanjo later endorsed the letter to then minister, “stating no objection but bring memo to council with comparison to coal fired thermal of 4,000 megawatt to 5,000 megawatts.”
Babagida narrated how his team of investigators wrote and received response from the Secretary to the Government of the Federation (SGF), Cabinet Affairs Office.
Also, when PW3 was questioned on the meeting of the Federal Executive Council of May 21, 2003, then, Counsel to Agunloye, Mr Adeola Adedipe SAN, objected to further testimony by Babangida
According to Adedipe, the PW3’s evidence violated Section 128(1) of the Evidence Act, submitting that the witness should not continue to give oral evidence on what had been documented.
Adedipe told the court that the document was not before the court yet, adding that the prosecution could bring it and demonstrate same.
The prosecution counsel while responding to the objection, however, said there was nothing in Section 128(1) of the Evidence Act which precluded an investigator from giving evidence of what he saw, heard or generated in the course of his investigation.
The defence’s objection was upheld by the court following which the prosecution tendered the documents.
The documents ncluded the petition by the Attorney-General of the Federation; letters of investigation activities to to both CAC and SGF, among others.
The documents were subsequently admitted and marked as exhibits by the court.
Meanwhile, Justice Onwuegbuzie adjourned until April 30 for continuation of hearing.
