The third prosecution witness, PW3, in the ongoing trial of a former Minister of Power and Steel, Dr. Olu Agunloye, ACP Umar Hussain Babangida, on Wednesday told the High Court of the Federal Capital Territory, FCT, that the accused was not the minister when ex-President Olusegun Obasanjo approved the Mambilla Hydroelectric Power project.
Agunloye is being prosecuted by the EFCC, on behalf of the Federal Government, on an amended seven-count charge bordering on disobeying a presidential directive, conspiracy, forgery and receiving gratification before Justice Jude Onwuegbuzie, sitting at Apo, Abuja.
He was 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 was further alleged to have received gratification from Adesanya to the tune of N5.212 million through Jide Abiodun Sotirin through his Guaranty Trust Bank 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 resumed sitting in the case, Babangida told the court while being crossed examined by counsel for Agunloye, Adeola Adedipe, SAN, that Nigeria signed a Memorandum of Understanding, MoU, with North China Electric Power Design/North China Power Group, which he said he had earlier tendered in court.
According to him, North China Power Group had an understanding with the Federal Government to execute three power projects in the country, including the phase one of Mambilla Hydroelectric Power project.
He confirmed to the court that the Federal Ministry of Power and Steel attested to the strength and management experience of North China Group to carry out the project.
He informed the court that the MoU, dated July 3, 2002, was signed on behalf on Federal Government of Nigeria by the then Minister of State for Power and Steel, Alhaji Murtala M. Aliyu, adding that as of the time of signing the MoU, Agunloye was not the Minister of Power.
The PW3 further told the court that the then Minister of Power and Steel, Dr Olusegun Agagu, wrote a letter to then President Obasanjo, dated November 20, 2002, titled, “Development of Mambilla 3960MW Hydropower Project”.
When asked to read the letter, which is marked Annexure 2 to Exhibit EFCC 3D earlier tendered by the prosecution, the witness told the court that from the opening paragraph, Dr Agagu sought Obasanjo’s approval that SPTCL and Tafag Nigeria Limited be invited for negotiation for the construction of the Mambilla power project.
According to the witness, in the letter, Agagu increased the capacity of the Mambilla project to 3,960 megawatts from 2,600 megawatts.
He said that Agagu listed seven companies which indicated interest in the construction of the Mambilla project, adding that it was out of these that the former minister recommended SPTCL and Tafag Nigeria Limited for consideration.
Babangida said that SPTCL’s technical foreign partner was North China Power Group, saying that, “This is the same company the Federal Government had attested to its competence and efficiency in its MoU.”
He added that in his minute, dated November 28, 2002, on the letter, former President Obasanjo wrote, “Minister, approved” and added that the Federal Government equity participation in the project should not be more than 25 percent, instead of the 35 percent proposed by Agagu.
Babangida then told the court that, “The defendant (Agunloye) was not the Minister of Power and Steel as of that time.”
Justice Onwuegbuzie has adjourned the case till December 4 for continuation of cross examination of the witness.