Umar Babangida, a witness in the trial of ex- Minister of Power and Steel, Dr Olu Agunloye, said he did not know if the Mambilla contract letter was forged or not.
Babangida said this at FCT high court, Apo,Abuja, on Monday while being cross examined in the mater as a third prosecution witness (PW3).
He said that he did not compare the contract award letter issued by the Agunloye to Sunrise Power and Transmission Company Limited (STCL) with any other document, to ascertain whether it was forged or not.
Agunloye is being prosecuted by the Economic and Financial Crimes Commission (EFCC) before Justice Jude Onwuegbuzie-led high court, Apo.
The former minister is prosecuted on a second amended seven-count charge, bordering on disobeying presidential directive, conspiracy, forgery and receiving gratification.
The EFCC alleged that while serving as a minister, he conspired with Leno Adesayan of SPTCL to forge a letter titled, “Construction of 3,960MW Mambilla Hydroelectric Power Station on a build, operate and transfer” basis.
He was further alleged to have received gratification from Leno Adesanya of Sunrise Power and Transmission Company Limited (SPTCL) to the tune of N5.212million through Jide Abiodun Sotirin, through his (Agunloye’s) Guaranty Trust Bank (GTB) account, for conveying the Federal Government’s approval for the construction of the Mambila Hydroelectric Power Station.
Agunloye, however, pleaded not guilty to the charge.
The PW3 is an Assistant Commissioner of Police (ACP).
While being cross examined by counsel for Agunloye, Adeola Adedipe, SAN, he told the court that he wrote the investigation report which was earlier tendered before the court.
According to him, in the course of investigation, I found out that while serving as a minister, Agunloye awarded contract for the Mambilla project to SPTCL on May 22, 2003.
Asked if count 2 of the prosecution’s second amended charge accused the defendant of forging the award letter, the witness answered in the affirmative.
The witness, however, told the court when asked if he compared the contract award letter with another document to show that it was forged, he said he did not compare it with any document to ascertain it was forged.
He stated that the award document was a false representation of facts, which were not stated.
“The document is a false representation of fact. It was compared with the information contained in it,” he said.
He further told the court that 40 ministers, including Agunloye attended the Federal Executive Council (FEC) meeting of May 21, 2003, which he said he did not attend.
The prosecution witness told the court that he interviewed one of the ministers that attended that meeting and mentioned the then Attorney-General of the Federation (AGF) and Minister of Justice, Chief Kanu Agabi SAN.
Babangida further told the court that he also interviewed former President Olusegun Obasanjo, who wrote a letter to the current AGF and Minister of Justice.
“We had oral interview with him, but there is written report. I did not interview His Excellency Atiku Abubakar, the then Vice-President,” the EFCC witness told the court.
Justice Onwuegbuzie, however, adjourned the case until Dec. 1 for continuation of cross examination of the PW3.
