The third prosecution witness (PW3) in the ongoing trial of a former Minister of Power and Steel, Dr Olu Agunloye, on Tuesday told the High Court of the Federal Capital Territory (FCT) that he could not remember if a former Attorney-General of the Federation and Minister of Justice, Michael Aondoaka SAN, wrote a letter to the late President Umaru Musa Yar’Adua, stating that the award letter of Mambilla power project to Sunrise Power and Transmission Company Limited (SPTCL) was lawful.
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The witness, Umar Hussein Babangida, an Assistant Commissioner of Police (ACP) and investigator with the Economic and Financial Crimes Commission (EFCC), said this during his continued cross-examination by counsel for Agunloye, Adeola Adedipe SAN.
Agunloye is being prosecuted by EFCC, on behalf of the Federal Government, on an amended seven-count charge bordering on disobeying presidential directive, conspiracy, forgery and receiving gratification before Justice Jude Onwuegbuzie, sitting at Apo, Abuja.
He was, among others, alleged to have while serving as a minister conspired with Leno Adesayan of SPTCL to forge a letter titled, “Construction of 3,960MW Mambilla Hydroelectric Power Station on a build, operate and transfer” basis.
He, however, pleaded not guilty to the charges preferred against him.
Asked at today’s proceedings if he was aware that Aondoaka had on February 25, 2010 to the late Yar’Adua in which he stated that the award letter to SPTCL was lawful, Babangida told the court that he could not remember.
He also told the court that he could not remember if the former AGF stated in the letter that it was wrongful for the Federal Government to re-award the contract without lawfully terminating the contract with SPTCL.
The PW3 said he was not aware that Aondoaka advised the Federal Government to revive the contract awarded to SPTCL because of its legal implications.
He was, however, asked to read part of his investigation report on the alleged Mambilla project investigation by EFCC earlier admitted as exhibit before the court, which he did.
Following this, the witness was asked that it was his opinion that the re-awarded Mambilla project be terminated, while the contract earlier awarded to SPTCL be resurcitated, Babangida told the court that that was not his opinion but that of Aondoaka.
“That was not my opinion; it was that of the former Attorney-General (of the Federation). It is contained in my report but it was the opinion of the former Attorney-General, ” the PW3 told the court.
He, however, asserted that he did not have any intention to deceive the court by saying that he did not know about Aondoaka’s legal opinion.
The witness further told the court that he could not remember if in the course of investigation he came across the legal opinion wrote by the immediate past AGF and Minister of Justice, Abubakar Malami SAN, to the late President Muhammadu Buhari, dated May 20, 2016, with reference number HAGF/HMP/2016/Vol.1.
He told the court that he would not be surprised that Malami’s legal opinion supported that of Aondoaka, saying that, “That is the opinion of the honourable Attorney-General.”
Babangida confirmed to the court that there was a terms of settlement entered into in respect of the Mambilla project award as contained in suit number FHC/ABJ/CS/384/2007.
He went further to tell the court that in the Federal Executive Council (FEC) report before the court, there was discussion that there was no law regulating privatisation of power supply in Nigeria, adding that the report also recommended deregulation and privatisation of the Nigerian power industry.
According to the PW3, the FEC report advised that an appropriate enabling law should be enacted for the privatisation of various aspects of wer supply in the country.
He, however, he did not know if the Infrastructure Concession Regulatory Commission Establishment Act, 2005 was the law made pursuant to that advice, saying that, “I am not aware. I have not reviewed it.”
He further told the court that he could not remember if there was any law before 2005 that stipulated that government agencies must obtained FEC approval before issuing contract award.
Meanwhile, Justice Onwuegbuzie has adjourned further cross examination of the witness to tomorrow, Wednesday, February 18.
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