An investigator with the Economic and Financial Crimes Commission (EFCC) has told the Federal Capital Territory (FCT) high court sitting in Apo that Olu Agunloye, former minister of power, reduced the federal government’s equity contribution to the Mambilla hydropower project by $900 million without presidential approval.
The investigator, Umar Hussein Babangida, testified on
Monday as the third prosecution witness in the ongoing prosecution of Agunloye
before Jude Onwuegbuzie, the presiding judge.
Agunloye is facing a seven-count charge filed by the EFCC
over allegations involving disobeying a presidential directive, conspiracy,
forgery and receiving gratification in relation to the Mambilla hydropower
project contract.
The anti-graft agency alleged that Agunloye unlawfully
awarded the contract for the construction of the 3,960MW Mambilla hydroelectric
power station to Sunrise Power and Transmission Company Limited.
The commission also accused him of receiving N5.212 million
in 2019 through his Guaranty Trust Bank account.
The payment was allegedly sent by Jide Abiodun Sotirin on
the instruction of Leno Adesanya, promoter of Sunrise Power.
However, Agunloye has pleaded not guilty to the charges.
At Monday’s hearing, Babangida, an assistant commissioner of
police attached to the EFCC, testified under cross-examination by Adeola
Adedipe, counsel to Agunloye.
He told the court that earlier recommendations proposed that
the federal government should hold a 25 percent equity stake in the project,
which, according to him, was estimated at about $1.5 billion.
However, Babangida said the contract eventually awarded by
Agunloye in 2003 provided for federal government participation of between zero
and 10 percent.
The defence counsel then asked the witness to confirm that
the reduction from the initial 25 percent stake to not more than 10 percent
meant a difference of about $900 million.
Babangida first agreed with the calculation but rejected the
suggestion that the reduction meant Agunloye saved the government that amount.
“It is not correct because it was unilaterally reduced by
the defendant,” he said.
“Based on calculation, the difference stood at $900 million
but the defendant (Agunloye) reduced it to 10 percent from 25 percent without
the approval of the president.”
He also said Agunloye had advised investigators to obtain
clarification from individuals who attended the federal executive council (FEC)
meeting held on May 21, 2003, where issues relating to the project were
discussed.
Babangida said former President Olusegun Obasanjo later
provided information through a questionnaire sent by lawyers representing the
federal government.
The document had earlier been admitted as evidence during
the trial.
However, Babangida acknowledged during cross-examination
that the questionnaire did not contain the names of the lawyers who prepared it
and was neither signed nor dated.
The witness further confirmed that the EFCC investigation
found that Agunloye received N5.2 million about 16 years after leaving office
as minister.
He said the money was transferred to Agunloye by Sotirin on
the instruction of his employer, Adesanya.
The witness said Sotirin explained that the payment was
meant to assist Agunloye with medical expenses.
“Sotirin informed EFCC investigative team that the money was
for medical surgery,” Babangida said.
He added that Agunloye also told investigators the money was
for a medical emergency.
“The defendant informed the investigating team that the
money was for medical emergency but review of the defendant’s statement of
account said otherwise,” he said.
Babangida told the court that Agunloye claimed the funds
were needed for a surgery involving his son.
However, the EFCC did not invite the son for questioning.
According to the witness, the decision was based on
Agunloye’s statement that the son lives abroad.
“The defendant stated that the son stays abroad,
specifically in America,” he said.
Babangida admitted under questioning that investigators
could not confirm whether the surgery was actually carried out.
He also told the court that Agunloye transferred portions of
the funds to several individuals.
The witness said he could not recall whether he had earlier
stated that those recipients were not medical personnel.
He also confirmed that the EFCC did not invite the
recipients of the money to explain the purpose of the transfers.
When asked whether Sotirin described the N5.2 million
payment as gratification, Babangida said he did not.
“He (Sotirin) told the investigating team that he was acting
on the instructions of his boss, Leno Adesanya. He didn’t say so (that the
money was for gratification), but I am not surprised,” he said.
Babangida also told the court that he could not remember
whether the Bureau of Public Procurement (PBB) had been established at the time
the contract was awarded in 2003.
The witness said he was unsure whether the agency was
created in 2007, four years after the contract was issued.
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