The Economic and Financial Crimes Commission, EFCC, on Monday tendered documentary evidence against former Minister of Power and Steel, Dr. Olu Agunloye, in his ongoing trial over alleged infractions in the $6 billion Mambilla Hydroelectric Power project contract.
Agunloye, who served under former President Olusegun Obasanjo, is facing a seven-count charge of forgery, disobeying a presidential directive, and gratification before Justice Jude Onwuegbuzie at the Federal Capital Territory,FCT,High Court in Abuja.
The EFCC alleges that Agunloye awarded the Mambilla project contract to Sunrise Power and Transmission Company Ltd, SPTCL, on May 22, 2003, without budgetary provision, approval, or cash backing.
The prosecution also claims he received N5.212 million from SPTCL and Leno Adesanya through Jide Abiodun Sotirin, which was deposited into his Guaranty Trust Bank account.
At the resumed hearing, the third prosecution witness, Umar Babangida, an Assistant Commissioner of Police seconded to the EFCC, testified on the agency’s investigation. He stated that the Attorney-General of the Federation,AGF, petitioned the EFCC on October 6, 2021, requesting a probe into the contract’s approval.
Babangida’s team obtained records from the Corporate Affairs Commission, CAC, which showed that SPTCL was incorporated in 2001 with two directors, Laitan Adesanya and Ibironke Adesanya. By 2020, its share capital had grown to 10 million ordinary shares, with Laitan Adesanya holding 8,725,000 shares and serving as Managing Director.
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Further investigations included a request for documents from the Federal Ministry of Power and Steel. Babangida disclosed that among the records was an April 7, 2003, letter from Agunloye to Obasanjo. The letter reminded the President of his earlier approval for negotiations with Tafag Nigeria Ltd and SPTCL.
It also indicated that SPTCL’s proposal for the project, under a build-operate-transfer arrangement, was deemed superior.
Obasanjo later endorsed the letter, instructing Agunloye to present a memo comparing the project to a coal-fired thermal plant of 4,000 to 5,000 megawatts.
During Babangida’s testimony on the May 21, 2003, Federal Executive Council meeting, Agunloye’s lawyer, Adeola Adedipe, SAN, raised an objection, arguing that oral evidence on documented matters was inadmissible under Section 128(1) of the Evidence Act.
The court upheld the objection, prompting the prosecution to submit the necessary documents, including the AGF’s petition and correspondence with CAC and the Secretary to the Government of the Federation. These documents were admitted as exhibits.
Justice Onwuegbuzie adjourned the case to April 30 for further hearing.
NAN
