An objection raised by a former Minister of Power and Steel, Dr Olu Agunloye, on the evidence of a prosecution witness in his ongoing trial for alleged infractions in the award of contract for Mambilla Hydropower Station in Taraba State before the High Court of the Federal Capital Territory, on Monday, forced the Economic and Financial Crimes Commission (EFCC) to tender documents on its investigation activities on the allegations.
Agunloye is standing trial on an amended seven-count charge bordering on forgery, disobeying presidential directive and gratification brought against him by EFCC, on behalf of the Federal Government, before Justice Jude Onwuegbuzie, sitting at Apo, Abuja.
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In the charge, marked FCT/HC/CR/617/2023, EFCC alleged that Agunloye awarded a contract for the Mambilla project on May 22, 2003 to Sunrise Power and Transmission Company Limited (SPTCL) without any budgetary provision, approval and cash backing.
The commission also, among others, alleged that the former minister received the total sum of N5.212million from SPTCL and Leno Adesanya, through Jide Abiodun Sotirin through Agunloye’s Guaranty Trust Bank 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 charge against him.
At the resumed hearing of the case yesterday, the third prosecution witness (PW3), Umar Hussain Babangida, an Assistant Commissioner of Police on secondment to EFCC from the Nigeria Police Force, told the court that the commission investigated circumstances leading to the May 22, 2003 approval to SPTCL for the construction of the Mambilla project based on an October 6, 2021 petition by the then Attorney-General of the Federation and Minister of Justice, requesting an investigation.
According to Babangida, who was led in his evidence-in-chief by the prosecuting counsel, Abba Mohammed SAN, the petition was assigned to the special committee he headed to investigate.
He narrated to the court how his team wrote to the Corporate Affairs Commission (CAC), requesting for documents on incorporation of SPTC Limited, 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, adding that Leno 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 records of the bidding process, evaluation, recommendation, and approval for the award of the Mambilla power project, which he said the team received from the ministry.
He informed that part of the documents received from the ministry was a letter dated April 7, 2003 written by the then minister, Agunloye.
According to him, “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 Limited and Sunrise Power and Transmission Company Limited.
“The letter further informed Mr President that after negotiations with the companies, the proposal and presentations by Sunrise Power and Transmission Company Limited for the construction of the Mambilla Hydropower Station on a built, operate, and transfer basis was found to be more superior and acceptable.”
He 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”.
While narrating how his team of investigators wrote and received a response from the Secretary to the Government of the Federation (SGF), Cabinet Affairs Office, on the meeting of the Federal Executive Council (FEC) of May 21, 2003, counsel for Agunloye, Adeola Adedipe SAN, objected to Babangida’s line of evidence.
According to the senior advocate, the PW3’s evidence violated Section 128(1) of the Evidence Act, submitting that the witness continued to testify on what had been reduced into a written document.
Adedipe told the court that the document was not before the court yet, adding that the prosecution could bring it and demonstrate the same.
The prosecutor, 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, however, upheld by the court, following which the prosecutor tendered the documents, including the petition by the Attorney-General of the Federation; letters of investigation activities to both CAC and SGF, among others.
The documents were subsequently admitted and marked as exhibits in the case by the court.
Meanwhile, Justice Onwuegbuzie later adjourned the case to April 30 for a continuation of the hearing.
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