Alleged $6bn Mambilla fraud: EFCC tenders Obasanjo’s statement, Agunloye objects

The Economic and Financial Crimes Commission (EFCC) on Monday tendered the statement made to it by former President Olusegun Obasanjo in the ongoing trial of a former Minister of Power and Steel, Dr Olu Agunloye, for alleged infractions in the award of contract for the Mambilla Hydropower Station in Taraba State, before the High Court of the Federal Capital Territory.

Agunloye is standing trial on an amended seven-count charge bordering on forgery, disobeying presidential directive and gratification brought against him by the EFCC, on behalf of the Federal Government, before Justice Jude Onwuegbuzie, sitting at Apo, Abuja.

In the charge marked FCT/HC/CR/617/2023, the EFCC alleged that Agunloye awarded the contract for the Mambilla project on 22 May 2003 to Sunrise Power and Transmission Company Limited (SPTCL) without any budgetary provision, approval, or cash backing.

The Commission also alleged, among other things, that the former minister received the total sum of ₦5.212 million from SPTCL and Leno Adesanya, through Jide Abiodun Sotirin, via Agunloye’s Guaranty Trust Bank (GTB) account, for conveying 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 of the case on Monday, the third prosecution witness (PW3), Umar Hussein Babangida, an Assistant Commissioner of Police on secondment to the EFCC from the Nigeria Police Force, informed the court that former President Obasanjo wrote a letter, dated 27 November 2023, to the Attorney-General of the Federation (AGF) and Minister of Justice, in which he gave an account of what transpired at the Federal Executive Council (FEC) meeting of 21 May 2003 concerning the power project contract.

The witness said the EFCC subsequently wrote to the Federal Ministry of Justice requesting the certified true copy (CTC) of the former president’s letter, which the Ministry obliged.

According to him, “We received the certified true copy of the document where the former president stated that he received a memorandum from the former Minister of Power, Dr Olu Agunloye, and he minuted on the document and directed the Minister of Power and Steel to submit memo to the Federal Executive Council for deliberation but he did not give approval to the minister for the award of the contract and neither was approval given at FEC meeting of 21st May, 2003.”

The PW3 further informed the court that in furtherance of its investigation, the Commission’s investigating team, consisting of himself (Babangida) and Aminu Lawal, met with Obasanjo, interviewed him orally, and the former president later made a statement.

Babangida said that during the course of the interview, Obasanjo told the team that he did not give approval to the defendant to award the Mambilla Hydroelectric Power Station contract to SPTCL.

The prosecuting counsel, Abba Mohammed SAN, then tendered the former president’s statement as an exhibit in the case.

The defendant’s counsel, Samuel Fagade, who represented the lead counsel, Adeola Adedipe SAN, objected to the document though he did not state the grounds for objection. He, however, told the court that the grounds were being reserved for the final address.

The former president’s statement was temporarily admitted as an exhibit by the court.

Giving the summary of their interview session with the former president, Babangida told the court that Obasanjo told the investigating team that the former Minister of Power (Agunloye) was directed by the FEC meeting of 21 May 2003 to withdraw his memorandum.

He added that the team was further told by Obasanjo that the letter issued on 22 May 2003 by the then Minister of Power awarding the contract to SPTCL was not on behalf of the Federal Government of Nigeria.

The PW3 further told the court that the investigating team reviewed Agunloye’s financial records and discovered that he (the defendant) operated several bank accounts, including one with GT Bank.

He informed the court that Agunloye received money through his GT Bank account from one Sotirin Jide Abiodun, who he said was a domestic personal assistant to Leno Laitan Adesanya, a staff member of companies belonging to Adesanya, and a director in Sunrise Power and Transmission Company Limited.

According to the witness, Sotirin Jide Abiodun variously transferred the sums of ₦3,600,000; ₦500,000; and ₦1,121,000 to Agunloye’s account on 10 August 2019, 22 October 2019 and 13 November 2019 respectively.

Meanwhile, the case has been adjourned to Wednesday, 18 June for continuation of hearing.

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