A prosecution witness, Umar Babangida, on Monday told an Abuja court that Dr Olu Agunloye did not exceed former President Olusegun Obasanjo’s financial directive in the award of the Mambilla Hydroelectric Power project.
He added that former President Obasanjo directed that no minister was permitted to approve contracts worth more than N25 million without express, written presidential consent.
The witness said that the directive was adhered to in recommending Sunrise Power and Transmission Company Limited (SPTCL) for the project.
The witness, an Assistant Commissioner of Police (ACP), is the third prosecution witness (PW3) in the case,
Agunloye a former Minister of Power and Steel, is being prosecuted by EFCC, on an amended seven-count charge bordering on disobeying presidential directive, conspiracy, forgery and receiving gratification on alleged $6 billion fraud.
His trial is before Justice Jude Onwuegbuzie, sitting at Apo.
He was, among others, alleged to have while serving as a minister conspired with Leno Adesayan of Sunrise Power and Transmission Company Limited (SPTCL) to forge a letter titled, “Construction of 3,960MW Mambilla Hydroelectric Power Station on a build, operate and transfer” basis.
He, however, pleaded not guilty to the charges preferred against him.
Being cross examined by counsel for Agunloye, Adeola Adedipe SAN, Babangida, told the court that while SPTCL proposed 35 percent government participation in the project, Tafag Nigeria Limited proposed 25 percent.
He told the court that Obasanjo subsequently directed that both SPTCL and Tafag Nigeria Limited be given same parameters and the Federal Government’s participation should not be higher than 25 per cent.
According to him, while responding to a letter, dated November 20, 2002, written by Dr Olusegun Agagu, the then President Olusegun Obasanjo wrote:
“Minister, approved. Please, give the two the same parameter, that is Federal Government’s participation not higher than 25 percent. The tariff not higher than prevailing tariff of thermal plant.”
Asked by Adedipe to confirm to the court if Agunloye exceeded the presidential directive in his recommendation of SPTCL for the Mambilla project, the EFCC witness said, “No, my Lord.”
When asked if in the light of his evidence that the last basis upon which the defendant advised that SPTCL be awarded the contract existed before he (Agunloye) became a minister, Babangida said, “Yes, my Lord.”
He acknowledged the fact that when Agunloye took a memorandum on the Mambilla project to the Federal Executive Council (FEC) meeting, other members of Council supported it.
PW3 told the court that the Federal Government appropriated N6 billion in the 2003 budget for the take off of the project.
Babangida, earlier told the court that he disagreed with the fact that the financial decision of both the Chinese Ministry of Foreign Trade and Economic Cooperation (MOFTEC) and the China Import and Export Bank in the Mambilla power project was binding on the Chinese government as :
“There’s no record that showed that they are parties to the agreement (MoU between Nigeria and North China/Birth China Power Group) or have consented to it.”
Babangida further disagreed with the counsel for the defendant that the basis of Agunloye’s recommendation of SPTCL included its acceptance of government participation of not more than 25 per cent.
Justice Onwuegbuzie, at this point, adjourned further cross examination of PW3 until Wednesday.
