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An objection raised by the former minister of power and steel, dr. Olu Agunloye, to the oral tests of witness of the accusation in his current trial, forced the commission for economic and financial crimes (EFCC) to present documentary tests.
The EFCC is pursuing the former minister before a high court of Abuja for alleged infringements of 6 billion dollars in the contract for the construction of the Mambilla hydroelectric plant in Taraba.
AGUNLOYE is tried for a modification of FA
“In the accusation, marked FCT/HC/CR/617/2023, EFCC said that Agunloye assigned the contract for the Mambilla project in May 22, 2003 to Sunrise Power and Transmission Company Ltd (SPTCL) without any financial statements, approval and cash support.
The commission, also among others, said that the former minister received the total of N5.212 million from SPTCL Ltd and Leno Adesanya, through Jide inhabitun Sotyrin, which was paid in his guarantee bank account.
The amount, said the commission, was paid to the defendant to obtain the approval of the federal government for the construction of the Mambilla Power project in favor of SPTCL while acting as minister. “
The former minister, however, declared himself not guilty of the accusations against him.
At the hearing taken up on this, the third witness of the accusation (PW3), Umar Babangida, assistant police commissioner based on the FCC by the Nigerian police forces, testified.
He narrated that on 6 October 2021, the Prosecutor General of the Federation (AGF) and the Minister of Justice presented a petition to the anti-Innesto agency and requested an investigation into the approval of 22 May 2003 at SPTCL Ltd for the construction of the Mambilla Project.
Babangida, who was led in his evidence by the judicial consultant Abba Mohammed San, said that the petition was assigned to the Special Committee he directed to investigate.
He said his team wrote to the Corporate Affairs Commission (CAC), asking for documents on the incorporation of SPTCL Ltd, who 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 main actions of 8,725,000 and was CEO/CEO of the company.
The PW3 further told to the Court that its team wrote to the Federal Ministry of Power and Steel, asking for recordings of the offer and evaluation process.
He also added how his team requested recommendations and approval for the Mambilla Power project prize, who said that the team received from the ministry.
The ACP informed the court that part of the documents received by the Ministry was a letter dated April 7, 2003, written by the then minister, dr. Agunloye.
“The letter was addressed to the Obasanjo OlusGun head, GCFR.
“The letter reminded the president of the previous approval by the President of the Ministry of Power and the Accounting to conduct further negotiations between the Ministry and Tafag Nigeria Ltd and Sunrise Power and Transmission Company Ltd.
“The letter also informed the president that after the negotiations with the companies, the proposal and presentations of the Sunrise Power and Transmission Company Ltd for the construction of the Mambilla hydroelectric station, on a built basis, operational and transfer, were found higher and more acceptable.”
The PW3 added that Obasanjo subsequently approved the letter to the then minister, “stating any objection but brought the reminder to the Council with the comparison with the thermal fired coal of 4,000 megawatts at 5,000 megawatts”.
Babagida has narrated how his investigators team wrote and received an answer from the secretary to the Government of the Federation (SGF), Office Business of the Cabinet.
Furthermore, when Pw3 was questioned on the meeting of the Federal Executive Council of 21 May 2003, therefore, Agunloye consultant, Adeola Adendipe San, opposed further testimonies from Babangida
According to Award, the tests of PW3 violated section 128 (1) of the evidence law, claiming that the witness should not continue to provide oral evidence on what had been documented.
Addipe told the Court that the document was not yet before the court, adding that the accusation could bring it and demonstrate the same.
The accusation consultant while responding to the objection, however, said that in section 128 (1) there was nothing in section 128 (1) who prevented an investigator from providing evidence of what he saw, listened to or generated during his investigations.
The objection of the defense was confirmed by the Court, which the accusation presented the documents.
The documents included the petition of the lawyer general of the Federation; Letters of investigation activities both in CAC and SGF, among others.
The documents were subsequently admitted and marked as exhibitions by the Court.
In the meantime, the judge onwuegbuzie has been updated until April 30 for the continuation of the hearing. (Nan)
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