The Economic and Financial Crimes Commission (EFCC) on Monday submitted a written statement by former President Olusegun Obasanjo as evidence in the ongoing trial of Dr. Olu Agunloye, a former Minister of Power and Steel, over the controversial $6billion Mambilla Hydropower contract.
Agunloye is facing a seven-count charge before Justice Jude Onwuegbuzie of the Apo High Court, including allegations of forgery, disobedience to presidential directives, and receiving gratification related to the award of the Mambilla project to Sunrise Power and Transmission Company Limited (SPTCL) in 2003.
The EFCC alleged that Agunloye, without proper approval, budgetary allocation, or cash backing, awarded the massive power project to SPTCL on May 22, 2003, — just days before the end of Obasanjo’s first term in office.
According to the anti-graft agency, Agunloye also received N5.2million from SPTCL and its promoter, Leno Adesanya, through an intermediary account held by Jide Abiodun Sotirin at GTBank.
The funds were allegedly used to facilitate the conveyance of federal government approval for the deal while Agunloye was still in office.
At Monday’s hearing, the EFCC’s third prosecution witness, Umar Hussein Babangida — an Assistant Commissioner of Police currently seconded to the commission — told the court that Obasanjo had submitted a letter dated November 27, 2023, to the Attorney-General of the Federation.
The letter reportedly detailed deliberations at the Federal Executive Council (FEC) meeting held on May 21, 2003, the day before the disputed contract was signed.
Babangida said the EFCC subsequently obtained a Certified True Copy of the letter from the Federal Ministry of Justice, which has now been tendered as part of the prosecution’s evidence.
“We received the CTV of the document where the former president stated that he received a memorandum from the former minister of power.
He added that he had also written a note on the document, directing the minister to submit a memo to the Federal Executive Council for deliberation.
Accordingto him, “But he did not give approval to the minister for the award of the contract, and neither was approval given at the FEC meeting of May 21, 2003.”
The witness also told the court that during the investigation, the commission’s team held a meeting with former President Obasanjo.
“We interviewed the former president, and he later made a statement.
“In the course of the interview, Obasanjo told us that he did not give approval to the defendant to award the Mambilla Hydroelectric Power Station to SPTCL,” he said.
The prosecuting counsel, Abba Mohammed (SAN), tendered a statement made by former President as an exhibit in the ongoing trial.
However, the defence counsel, Samuel Fagade — who stood in for the lead counsel, Adeola Adedipe (SAN) — objected to the document’s admission.
He did not immediately state the grounds for the objection but told the court that he would reserve his arguments for the final address.
Despite the objection, the court temporarily admitted the statement as an exhibit.
Testifying before the court, a witness identified as Babangida summarised the investigative team’s interview with the former president.
According to him, Obasanjo informed the investigators that the former Minister of Power and Steel, Dr. Olu Agunloye, had been instructed by the Federal Executive Council (FEC) at its meeting on May 21, 2003, to withdraw his memorandum.
Obasanjo also reportedly told the team that the letter issued by Agunloye on May 22, 2003, awarding a contract to Sunrise Power and Transmission Company Limited (SPTCL), was not authorised by the Federal Government.
Babangida further testified that the investigation into Agunloye’s financial records revealed he operated multiple bank accounts, including one with GTBank.
He said funds were traced to Agunloye’s GTBank account from Sotirin Jide Abiodun, who was described as a domestic personal assistant to Leno Laitan Adesanya, as well as a staff member of Adesanya’s companies and a director at Sunrise Power and Transmission Company Limited.
According to the witness, Abiodun transferred ₦3.6million on August 10, 2019; ₦500,000 on October 22, 2019; and ₦1.1million on November 13, 2019, to Agunloye’s account.
Justice Jude Onwuegbuzie adjourned the case to June 18 for the continuation of the hearing.