An Economic and Financial Crimes Commission (EFCC) witness in the trial of a former Minister of Power and Steel, Dr Olu Agunloye, on Thursday told the High Court of the Federal Capital Territory (FCT) that there was no specific presidential directive issued by former President Olusegun Obasanjo to the former minister on the controversial Mambilla power project in Taraba State.
Agunloye is being prosecuted by the anti-graft agency before Justice Jude Onwuegbuzie, sitting at Apo, Abuja, on an amended seven-count charge bordering on disobeying presidential directive, conspiracy, forgery and receiving gratification.
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.
The former minister, however, pleaded not guilty to the charge.
At the resumed hearing in the matter on Thursday, the third prosecution witness (PW3) in the matter, Assistant Commissioner of Police (ACP) Umar Hussain Babangida, while being cross-examined by counsel for Agunloye, Adeola Adedipe SAN, told the court that EFCC’s investigation into the Mambilla power project led to the filing of the charge against the defendant.
Babangida, who said he had been an investigator for over 10 years, told the court he had never, in the course of his duty, had any personal interest or prejudice in any matters, including Agunloye’s case.
Asked to confirm that the first count of the charge against the former minister is disobedience to presidential directive, the PW3 said the allegation was true, adding that, ‘The defendant disobeyed the directive of the then President Olusegun Obasanjo and resolution of the Federal Executive Council meeting of 21st May, 2003.’
According to him, the presidential directive was neither verbal nor written but was contained in the minutes of the FEC meeting of May 21, 2003, chaired by Obasanjo.
When confronted with Exhibit EFCC 3(d), earlier tendered through him by the prosecution to show the court anywhere in the minutes of the meeting where the presidential directive was contained, the witness said there was no specific directive.
Despite this, Babangida told the court, ‘No, I don’t agree that if there was no specific directive, the defendant would not have disobeyed a presidential directive.’
He told the court that he advised in his investigative report that Agunloye be charged in court because he abused his office as a minister and also had an existing relationship with Leno Adesanya, the alter ego of SPTCL.
The witness told the court that Agunloye did not tell EFCC that he had never met Adesanya before the award of the Mambilla contract to SPTCL until 2014, 11 years after leaving office as a minister.
He also denied that the defendant told the anti-corruption commission that his first major relationship with Adesanya was in 2018, 15 years after he ceased being a minister.
When Adedipe asked the witness to read a portion of Agunloye’s extrajudicial statement tendered by EFCC as an exhibit, the prosecuting counsel, Abba Mohammed SAN, raised an objection to this.
According to the senior advocate, the witness could not be cross-examined on a statement that was not his, adding that there was a difference between what the defendant told the PW3 and what he wrote in his statement.
Responding to this, Adedipe told the court that the witness tendered the document he was shown to read from as part of his investigation and did not only take Agunloye’s statement but also gave robust evidence on it.
He added that what he was doing was to test the veracity of what the witness told the court with a view to impeaching his credibility, that he was not a witness of truth.
The court, however, overruled the prosecution’s objection and directed the witness to read the portion shown him.
Babangida subsequently read the portion as contained on Page 4, line 15, in which Agunloye wrote that he never met Adesanya before the award of the contract until 2014, 11 years after leaving office as a minister, and his first major relationship with Adesanya was in 2018, 15 years after he ceased being a minister.
Meanwhile, Justice Onwuegbuzie has reserved ruling in a motion, marked M/9772/25, moved by Agunloye’s counsel, in which the defendant sought the leave of court to release his passport.
The prosecution did not oppose the application but left it to the discretion of the court.
He then adjourned the case to November 3 for the continuation of the cross-examination of the PW3.