The Economic and Financial Crimes Commission (EFCC) has presented a written statement by former President Olusegun Obasanjo as evidence in the ongoing trial of a former Minister of Power and Steel, Dr Olu Agunloye, over allegations linked to the controversial Mambilla Hydropower Project.
Dr Agunloye is facing trial before Justice Jude Onwuegbuzie at the Apo High Court in Abuja on a seven-count charge involving forgery, violation of presidential directives and unlawful receipt of financial benefits.
The EFCC claims that Agunloye, on 22 May 2003, awarded a contract for the Mambilla Hydropower Project in Taraba State to Sunrise Power and Transmission Company Limited (SPTCL) without securing budgetary provision, presidential consent or financial endorsement.
The anti-graft agency further alleged that Agunloye received a total of ₦5.212 million from SPTCL and its promoter, Mr Leno Adesanya, via one Mr Jide Abiodun Sotirin, into his Guaranty Trust Bank account to facilitate what was portrayed as an official government approval.
The former minister has pleaded not guilty to all charges.
At the resumed hearing, the third prosecution witness, Umar Hussein Babangida, an Assistant Commissioner of Police attached to the EFCC, informed the court that Obasanjo submitted a letter dated 27 November 2023 to the Attorney-General of the Federation.
In the letter, signed by the former president, Obasanjo stated that while he did receive a memorandum from Agunloye in 2003, he only minuted on it and directed that the matter be presented before the Federal Executive Council (FEC) for deliberation.
Obasanjo clarified that no approval for the Mambilla contract was granted by him personally or at the FEC meeting held on 21 May 2003.
The EFCC obtained a Certified True Copy of the letter from the Federal Ministry of Justice, affirming the former president’s position. According to the witness, Obasanjo also reiterated during an interview with the EFCC investigation team that Agunloye was never authorised to award the contract in question.
The prosecution counsel, Abba Mohammed (SAN), formally submitted Obasanjo’s written statement as evidence in court.
Counsel for the defendant, Samuel Fagade, representing the lead defence lawyer Adeola Adedipe (SAN), objected to the document’s admissibility but did not immediately state his reasons.
Justice Onwuegbuzie accepted the document provisionally as an exhibit, pending further legal arguments.
During his testimony, the EFCC witness stated that Obasanjo informed investigators that Dr Agunloye had been instructed by the FEC to withdraw his memo and that the contract letter dated 22 May 2003, issued to SPTCL, was not issued on behalf of the Federal Government.
The EFCC also examined Dr Agunloye’s banking history and identified several accounts, including a GTBank account that reportedly received funds from Jide Abiodun Sotirin.
According to evidence presented, Sotirin transferred ₦3.6 million to Agunloye on 10 August 2019, followed by ₦500,000 on 22 October 2019, and ₦1.1 million on 13 November 2019.
Sotirin was described as a personal assistant to Mr Leno Adesanya and a director at SPTCL.
Justice Jude Onwuegbuzie adjourned the case until 18 June for continuation of hearing.