A witness in Dr Olu Agunloye’s trial, on Monday, told an Abuja High Court that the former minister presented a memo to the Federal Executive Council (FEC) on the Mambilla Hydroelectric Power project.
Agunloye was the former Minister of Power and Steel under the ex-President Olusegun Obasanjo ‘s government.
The witness, Umar Babangida, an Assistant Commissioner of Police (ACP), stated this while being cross-examined by counsel for Agunloye, Adeola Adedipe, SAN, before Justice Jude Onwuegbuzie.
At the resumed hearing, Babangida told the court that Agunloye wrote a letter as a minister to former President Obasanjo.
The witness added that the defendant requested the ex-president’s consent to issue a letter of consent to Sunrise Power and Transmission Company Limited (SPTCL) for the construction of the Mambilla Hydroelectric Power project.
The witness, who is the 3rd prosecution witness (PW-3) in the case, informed the court that the former president, in his minute on Agunloye’s letter, did not object to but asked the defendant to bring a memo to FEC.
Reading from the letter, Babangida said, “The former President minuted that ‘no objection but bring a memo to Council to include a comparison with coal-fired thermal for 4,000 megawatts to 5,000 megawatts.’”
According to the witness, that was what the former president wrote.
He further said that Agunloye subsequently brought a memo to FEC and when shown Exhibit EFCC-3D with an attachment marked EC(2003) dated May 15, 2003, the PW-3 confirmed to the court that the attachment was the memo the former minister brought to FEC.
Babangida said that in the course of their investigation, the anti-graft agency’s investigating team had an interview session with Obasanjo.
He, however, said he could not recollect if the former president told the team he had any personal score to settle with the defendant.
He added that he was aware that Obasanjo wrote in his letter to the Attorney-General of the Federation (AGF) that he would love to testify against Agunloye in court whenever the need arises.
Reading from Obasanjo’s letter, Babangida quoted the former President to have stated that, “I have therefore resolved to make myself available to testify in arbitration or any forum should we consider it necessary in our national interest.”
He said that he never knew Obasanjo’s intention in mentioning Agunloye and others.
The PW-3 told the court that he was aware that the ex-president stated in his letter to the AGF that Agunloye did not bring a memo to FEC.
He, however, said that, “I don’t know if what he (Obasanjo) stated is true.”
The witness further informed the court that EFCC investigators drew the attention of Obasanjo to the existence of a contract award of May 22, 2003.
He added that they did not tell him that the contract was the root cause of an international arbitration in Paris.
He then informed that the import of Obasanjo’s interrogation was to confirm if there was approval or not by the former president at the FEC meeting of May 21, 2003.
He said it was also to confirm if the defendant (Agunloye) had approval to issue the letter of May 22, 2003 to Sunrise Power and Transmission Company Limited (SPTCL).
The witness then said though, Obasanjo was aware of the contract, he claimed in his letter to the AGF that there was no contract awarded to SPTCL for the Mambilla project during his administration.
“He (Obasanjo) was aware of the contract but there was no approval which was clearly documented by Federal Executive Council.
“He stated that no contract was awarded during his administration because there was no approval to award the contract,” Babangida told the court.
Meanwhile, Justice Onwuegbuzie adjourned the matter until Dec. 3 for continuation of cross examination of the PW-3.
Agunloye is being prosecuted by the EFCC, on an amended seven-count charge marked: FCT/HC/CR/617/2023, bordering on disobedience to presidential directive, conspiracy, forgery and receiving gratification.
He was alleged to have, while serving as a minister, 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 Adesanya to the tune of N5.212 million 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.
