A former Minister of Power, Senator Liyel Imoke, on Wednesday admitted that there are discrepancies in two exhibits tendered by the Economic and Financial Crimes Commission (EFCC) in the ongoing trial of his predecessor, Dr Olu Agunloye, before the High Court of the Federal Capital Territory (FCT).
Agunloye is being prosecuted by EFCC, on behalf of the Federal Government, before Justice Jude Onwugbuzie, sitting at Apo, Abuja, on an amended seven-count charge, bordering on disobeying presidential directive, conspiracy, forgery, and receiving gratification.
The defendant, who served as Minister of Power and Steel in the administration of former President Olusegun Obasanjo, is accused of disobeying presidential directive on the award of contract for the Mambilla Hydroelectric Power project in Taraba State and conspiring with Leno Adesanya 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.
EFCC further accused him of receiving the sum of N5.212 million as gratification from Leno Adsanya, sometimes in 2019, through one Jude Abiodun Sotirin, through his (Agunloye’s) Guaranty Trust Bank (GTB) account, for conveying the Federal Government’s approval for the construction of the Mambilla project.
The former minister, however, pleaded not guilty to the charge.
At the resumed hearing in the case today, Imoke, who is the sixth prosecution witness (PW6) in the case, under cross-examination by counsel for Agunloye, Adeola Adedipe SAN, told the court that he was not aware that there was another extract of the minutes of the Federal Executive Council (FEC) meeting of May 21, 2003, apart from the one he had earlier confirmed was the one he saw as a minister (Exhibit EFCC 3D).
When shown Exhibit EFCC 3K, which is a letter from the Ministry of Power, where he served as a minister, forwarding the FEC conclusion on May 21, 2003, and asked to compare with Exhibit EFCC 3D if they are the same in form and substance, Imoke answered in the affirmative.
Asked to identify Paragraph 14 from Exhibit EFCC 3D, the witness told the court that the said paragraph was on Page 19.
He, however, stated that although there was a Paragraph 14 in Exhibit EFCC 3K, there was no page number on the document.
Imoke, who is also a former governor of Cross River State, told the court that there was no Paragraph 13 with sub-paragraphs 1-5 in Exhibit EFCC 3K.
According to him, “No, my lord,” adding, however, that there was Paragraph 13 with sub-paragraphs 1-5 in Exhibit EFCC 3D.
He further confirmed to the court that while there is a Paragraph 15 with two sub-paragraphs on Page 21 of Exhibit EFCC 3D, there is nothing like Paragraph 15 with two sub-paragraphs in Exhibit EFCC 3K.
The former governor authored a letter, dated September 3, 2003, addressed to Sunrise Power and Transmission Company Limited, attached to Exhibit EFCC 3G as Annexure C, in which he stated that the award of the Mambilla contract was not valid, relying on the FEC conclusion of May, 21, 2003.
“I stated that the award of the contract was not valid. For the record, the Federal Executive Council did not approve the award. That was what I stated in my letter,” the PW6 told the court.
Contrary to his earlier evidence that he did not participate in any proceedings of FEC meeting where the conclusion of the Council’s meeting of May 21, 2003, was adopted, Imoke told the court that the May 21, 2003, FEC meeting’s conclusion was adopted by the 17th FEC meeting after he was sworn in as a minister.
According to him, “My lord, I recall. But as I earlier mentioned, I was sworn in as a minister on 15th July, 2003, and I participated in the FEC meeting, I think the 17th FEC meeting, where the minutes of the 16th FEC meeting were adopted.”
He, however, said that the proceedings of the 17th FEC meeting were not among the exhibits tendered by the prosecution before the court.
“My lord, the proceedings of the 17th FEC meeting were not in the exhibits file,” he told the court.
Earlier, Imoke told the court that, “Having gone through the (exhibits) file, there was no Council conclusion adopting the FEC meeting of 21st May, 2003. I was sworn in on 15th July, 2003.
He told the court that though he knew legal luminary, Chief Afe Babalola SAN, he did not know the relationship that existed between him (Babalola) and former President Obasanjo.
Imoke added that he could not recall if Babalola wrote a letter to him as Minister of Power, insisting that the award of the Mambilla Power project was properly awarded.
After the cross-examination of PW6 by the defence, Justice Onwuegbuzie adjourned the case to November 19 for re-examination by the prosecuting counsel, Abba Mohammed SAN.