A Federal Capital Territory High Court in Apo has directed the Economic and Financial Crimes Commission to serve the defence team with the summary of the statement of former Cross River State Governor, Liyel Imoke.
Justice Jude Onwuegbuzie issued the directive on Monday in Abuja during the ongoing trial of former Minister of Steel and Power, Dr Olu Agunloye.
Imoke, who also served as Minister of Power, was listed by the EFCC as its sixth prosecution witness in the case.
Agunloye is standing trial over alleged infractions connected to the Mambilla Hydroelectric Power Project in Taraba State.
The court gave the order after Agunloye’s counsel, Adeola Adedipe, SAN, objected to Imoke’s appearance as a witness.
Adedipe argued that the defence had not been served with the summary of the proposed witness’s statement.
Agunloye, who served as minister under former President Olusegun Obasanjo, is being prosecuted by the EFCC on an amended seven-count charge.
The charges include alleged disobedience to presidential directive, conspiracy, forgery and receipt of gratification.
The anti-graft agency alleged that Agunloye received N5.212 million in 2019 from Leno Adesanya of Sunrise Power and Transmission Company Limited.
The money was allegedly routed through Jide Abiodun Sotirin into Agunloye’s Guaranty Trust Bank account.
According to the EFCC, the payment was linked to the alleged conveyance of Federal Government approval for the construction of the Mambilla project.
The commission also alleged that Agunloye disobeyed a presidential directive on the award of the project contract while serving as minister.
It further accused him of conspiring with Adesanya to forge a letter relating to the construction of the 3,960MW Mambilla Hydroelectric Power Station on a Build, Operate and Transfer basis.
Agunloye has pleaded not guilty to the charges.
At the resumed hearing, prosecution counsel, Abba Muhammed, SAN, told the court that the EFCC had filed 11 additional documents as proof of evidence.
He said the documents had already been served on the defence.
Muhammed added that the prosecution was ready to continue trial and had a witness present in court.
However, Adedipe opposed the move and referred the court to provisions of the Administration of Criminal Justice Act and Section 36(6) of the 1999 Constitution, as amended.
He argued that the prosecution was required to provide the defendant with all material facts necessary for his defence.
He said the defendant must also be given adequate time and facilities to prepare his case.
The defence lawyer told the court that despite repeated requests, the prosecution had not disclosed the identity of its next witness.
He said the sudden appearance of Imoke in court amounted to an attempt to ambush the defence.
Adedipe maintained that there was a clear difference between a list of exhibits and a summary of a witness’s statement.
He said documents intended for tendering could not replace the legally required summary of what a witness was expected to say.
He urged the court to direct the EFCC to file Imoke’s witness statement summary and serve it on the defence in the interest of justice.
In response, Muhammed insisted that the prosecution had complied with the law.
He said Imoke had been listed among other prosecution witnesses in the first proof of evidence dated September 27, 2023.
According to him, the proof of evidence contained a summary of the expected testimony of the listed witnesses.
The prosecution counsel also noted that some witnesses already listed in the proof of evidence had testified before the court.
He further argued that certain documents tendered through a previous witness contained details relating to Imoke’s expected testimony.
After hearing both sides, Justice Onwuegbuzie held that the prosecution ought to provide the summary of its witnesses’ statements to the defence.
The judge then directed the EFCC to file the summary of Imoke’s statement and serve it on Agunloye’s legal team.
The matter was adjourned until October 19 for continuation of trial.
