Tag: Agunloye

 An objection raised by the former Minister of Power and Steel, Dr Olu Agunloye, to the oral evidence of prosecution witness in his ongoing trial , on Monday, forced the Economic and Financial Crimes Commission (EFCC) to tender documentary evidence.

The EFCC is prosecuting the former minister before an Abuja High Court over alleged $6 billion infractions in the award of contract for construction of Mambilla Hydroelectric Power Station in Taraba.

Agunloye is standing trial on an amended seven-count charge of forgery, disobeying presidential directive and gratification before Justice Jude Onwuegbuzie of the FCT High Court, sitting at Apo.

“In the charge, marked FCT/HC/CR/617/2023, EFCC alleged that Agunloye awarded contract for the Mambilla project in May 22, 2003 to Sunrise Power and Transmission Company Ltd (SPTCL) without any budgetary provision, approval and cash backing.

The commission, also among others, alleged that the former minister received the total of N5.212 million from SPTCL Ltd and Leno Adesanya, through Jide Abiodun Sotirin, which was paid into his Guaranty Trust Bank account.

The amount, the commission said was paid to the defendant, for obtaining the Federal Government’s approval for the construction of the Mambilla power project in favour of SPTCL while serving as minister.”

The former minister, however, pleaded not guilty to the charges  against him.

At the resumed hearing on the matter,the third prosecution witness (PW3), Umar Babangida, an Assistant Commissioner of Police on secondment to EFCC from the Nigeria Police Force, testified.

He narrated how on Oct. 6, 2021, the Attorney-General of the Federation (AGF) and Minister of Justice petitioned the anti-graft agency and requested an investigation into the May 22, 2003 approval to SPTCL Ltd for the construction of the Mambilla project.

Babangida, who was led in his evidence by prosecution counsel, Abba Mohammed SAN, said that the petition was assigned to the special committee he headed to investigate.

He  said his team wrote to Corporate Affairs Commission (CAC), requesting for documents on incorporation of SPTCL Ltd, which revealed that the company was incorporated in 2001 with two directors, Laitan Adesanya and Ibironke Adesanya.

He explained that between 2003 and 2020, the company’s share capital rose from 1,250,000 to 10 million ordinary shares.

He added that Laitan Adesanya held the major shares of 8,725,000 and was the Managing Director/CEO of the company.

Read Also: EFCC probes man over $578,000 cash smuggling

The PW3 further narrated to the court that his team wrote to the Federal Ministry of Power and Steel, requesting for records of bidding process and evaluation.

He also added how his team requested for recommendation and approval for the award of the Mambilla power project, which he said the team received from the ministry.

The ACP informed the court that part of the documents received from the ministry was a letter dated April 7, 2003, written by the then minister, Dr Agunloye.

“The letter was addressed to Chief Olusegun Obasanjo, GCFR.

” The letter reminded the President of the earlier approval by the President for the Ministry of Power and Steel to conduct further negotiations between the ministry and Tafag Nigeria Ltd and Sunrise Power and Transmission Company Ltd.

“The letter further informed Mr President that after negotiations with the companies, the proposal and presentations by Sunrise Power and Transmission Company Ltd for the construction of the Mambilla Hydropower Station, on built, operate and transfer basis, was found to be more superior and acceptable.”

The PW3 added that Obasanjo later endorsed the letter to then minister, “stating no objection but bring memo to council with comparison to coal fired thermal of 4,000 megawatt to 5,000 megawatts.”

Babagida narrated how his team of investigators wrote and received response from the Secretary to the Government of the Federation (SGF), Cabinet Affairs Office.

Also, when PW3 was questioned on the meeting of the Federal Executive Council of May 21, 2003, then, Counsel to Agunloye,  Mr Adeola Adedipe SAN, objected to further testimony by Babangida

According to Adedipe, the PW3’s evidence violated Section 128(1) of the Evidence Act, submitting that the witness should not continue to give oral evidence on what had been documented.

Adedipe told the court that the document was not before the court yet, adding that the prosecution could bring it and demonstrate same.

The prosecution counsel while responding to the objection, however, said there was nothing in Section 128(1) of the Evidence Act which precluded an investigator from giving evidence of what he saw, heard or generated in the course of his investigation.

The defence’s objection was upheld by the court following which the prosecution tendered the documents.

The documents ncluded the petition by the Attorney-General of the Federation; letters of  investigation activities to to both CAC and SGF, among others.

The documents were subsequently admitted and marked as exhibits by the court.

Meanwhile, Justice Onwuegbuzie adjourned until April 30 for continuation of hearing.

(NAN) 

A High Court of the Federal Capital Territory (FCT) has accepted an amendment by the Economic and Financial Crimes Commission (EFCC) to the charge in which a former Minister of Power, Dr. Olu Agunloye, is facing trial.

The EFCC had arraigned Agunloye last year on seven-count charge bordering on forgery, disobedience of presidential order and corruption in the Mambilla Power plant project in Taraba State.

The anti-graft agency later amended the charge, which Agunloye’s lawyer, Aseola Adedipe (SAN), objected to, arguing that it would overreach his client.

In a ruling yesterday, Justice Jude Onwuegbuzie held that, by law, the prosecution was entitled to amend its charge at any stage before judgment.

Justice Onwuegbuzie averred that having gone through the affidavit in support of the motion for the amendment the EFCC filed on the matter, the court was convinced to allow the amendment.

The judge held that a court may permit an alteration or amendment to a charge or the reframing of a new charge at any stage before judgment is pronounced.

He also held that whenever the prosecution decides to amend a charge that is already before the court, it can proceed to do so without asking for the permission or leave of the court to do so.

But Justice Onwuegbuzie said this must be done in line with the provisions of sections 216 and 217 of the Administration of Criminal Justice Act (ACJA) 2015.

The judge faulted the defendant’s contention that the amendment was intended to overreach him.

He said: “The stage at which the prosecution is amending the charge still gives the defendant an opportunity to put up his defence.

Read Also: Alleged $6b fraud: Agunloye faults EFCC on amended charge

“The matter is still at the stage of examination-in-chief of the prosecution. The matter is yet to get to the defence stage.

“It is my humble view that the amendment is not intended to overreach the defendant and cause injustice to him.

Justic Onwuegbuzie adjourned till February 3 for the defendant’s re-arraignment on the amended charge.

In the charge, the prosecution alleged, among others, that Agunloye, on May 22, 2003, awarded a contract, titled: “Construction of 3,960 megawatt (MW) Mambilla Hydroelectric Power Station on build, operate and transfer basis to Sunrise Power and Transmission Company Limited without any budgetary provision, approval and cash backing.”

EFCC claimed to have traced some suspicious payments made by Sunrise Power and Transmission Company Limited to accounts of the former minister, who served in the administration of ex-President Olusegun Obasanjo.

Agunloye pleaded not guilty to the charge when he was arraigned.

A former Minister of Power, Dr. Olu Agunloye, yesterday told a High Court of the Federal Capital Territory (FCT) sitting at Apo in Abuja that the Attorney-General of the Federation did not give the Economic and Financial Crimes Commission (EFCC) the fiat to prosecute him.

The EFCC charged Agunloye, who served as a minister in former President Olusegun Obasanjo’s administration, before Justice Jude Onwuegbuzie, with seven counts bordering on forgery, disobedience of presidential order and corruption.

Read Also: Agunloye files N1bn suit against EFCC for declaring him wanted

He was alleged to have, among others, on May 22, 2003 awarded a contract, titled: “Construction of 3,960 megawatt (MW) Mambilla Hydroelectric Power Station on build, operate and transfer basis to Sunrise Power and Transmission Company Limited without any budgetary provision, approval and cash backing.”

At the resumed hearing of the case, Agunloye moved a motion seeking the leave of the court to allow some legal luminaries participate in the hearing of his preliminary objection against the EFCC.

The former minister, through his counsel, Adeola Adedipe (SAN), told the court that contrary to constitutional provisions, the AGF did not give EFCC the fiat to investigate and institute proceeding in the case against him.

Adedipe cited Section 174 of the 1999 Constitution (as amended), saying instead of getting such fiat from the AGF, the EFCC got it from the Solicitor-General of the Federation.

He urged the court to take judicial notice, under Section 124 of the Evidence Act.

Dr. Olu Agunloye, former Minister of Power and Steel under ex-President Olusegun Obasanjo, has filed a N1 billion suit against the Economic and Financial Crimes Commission (EFCC) over allegations that it published his name on its website’s wanted list.

Agunloye, in the suit marked: FHC/ABJ/CS/167/2024 and filed by his team of lawyers led by Mr Adeola Adedipe, SAN, also joined the Attorney-General of the Federation (AGF) as 2nd defendant.

The case, presently before Justice Emeka Nwite of Federal High Court, Abuja, has now been fixed for April 18 for hearing.

The originating summons, dated and filed February 8, was sighted by the News Agency of Nigeria yesterday.

The ex-minister sought six reliefs, including a declaration that the EFCC cannot lawfully exercise its discretion, powers and/or functions under Sections 1(2\(c\, 6, 7, 13 of the EFCC Act, 2004, ditto Section 4 of the Police Act 2020, by declaring him wanted on its official website or any other related platform.

Agunloye said this was without recourse to any safeguard in Sections 34({1)(a), 35, 37, 39, 41 and 42 of the 1999 Constitution (as amended), including a judicial intervention, order or leave of court pursuant to Sections 1(1), 8(1) & 42(2) of the Administration of Criminal Justice Act (ACJA), 2015.

He, therefore, sought an order for the EFCC, its agents, privies, representatives and other related affiliates to forthwith remove his picture, name, references, details and or particulars from the wanted list published on its official website or any other related platform.

He also sought a perpetual injunction restraining the EFCC and the AGF, “both jointly or severally, whether by themselves or their staff, from further declaring the plaintiff wanted in relation to the particulars and subject matter of this suit, either on the EFCC official website, newspaper publication or any other related platform, except by a judicial intervention and recourse to all constitutional safeguards available to him in law and equity.

“General damages of one billion naira (N1,000,000,000.00) against the defendants, especially the 1st defendant.”

In the affidavit, which he personally deposed to, Agunloye said he sought a redress and judicial intervention from court having regard to some very disturbing actions of the anti-graft agency, which he said ought not to occur under the watch of the AGF, who is the chief law officer of the federation.

Read Also: Alleged $6b fraud: Court declines ex-Minister Agunloye’s preliminary objection

He said he sought a judicial determination on the propriety or otherwise of the exercise of the EFCC’s discretion or power to declare him wanted without recourse to any judicial intervention or relevant constitutional safeguards.

“As at the time of filing this suit, my picture, name, particulars and other details are currently uploaded on the official website of the 1st defendant,” he said.

The plaintiff said he was declared wanted for corruption and forgery.

According to him, “as a result of this action by the 1st defendant, I have become a subject of ridicule, stripped of my dignity, freedom of movement and even presumption of innocence, with respect to a criminal trial which I am currently being prosecuted of, by the 1st defendant.”

He alleged that the deliberate act of the EFCC was orchestrated to negatively project him in the international community.

Agunloye said this was so because sometime in November 2002 to May 2003, while he served as Minister of Power and Steel, he awarded contract to Messrs Sunrise Power and Transmission Company Limited for the construction of the Mambila Power Project by the Federal Government of Nigeria (FGN).

“The award of the said contracts followed all the necessary administrative and authoritative due process, obtaining the necessary approval.

Former Power and Steel Minister Olu Agunloye has questioned the legal authority of the Economic and Financial Crimes Commission (EFCC) to prosecute him over his alleged unlawful acts in the $6 billion Mambilla Hydroelectric Power project.

Agunloye, in a notice of preliminary objection filed before a High Court of the Federal Capital Territory (FCT) in Apo, prayed for an order prohibiting the EFCC from prosecuting or further prosecuting the seven-count charge on which he was arraigned on January 10.

In the objection he filed through his lawyer, Adeola Adedipe (SAN), the ex-minister noted that the offences listed in the charge related to his activities as a public officer when he was said to have awarded the contract without budgetary provision, approval and cash backing.

Agunloye also claimed that another offence alleged in the charge bordered on his purported disobedience to the directives of the President and forgery of a letter, dated: May 22, 2003.

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 He contended that the EFCC lacks investigative and prosecutorial powers on the offences alleged in the charge, under sections 6, 7, and 46 of the EFCC Act, 2004.

Agunloye added: “These allegations do not constitute financial crimes, which can be lawfully investigated and prosecuted by the EFCC, pursuant to its powers under sections 6, 7, and 46 of the EFCC (Establishment) Act and in consonance with the Supreme Court’s decision in Nwobike v. Federal Republic of Nigeria (2022) 6 NWLR (Pt. 1826) 293.

“Not having the mandatory/statutory powers to investigate the allegations against the defendant, ab initio, the purported investigation of the defendant and current prosecution of the charge by the EFCC is ultra vires its powers and thereby a nullity.”

“This is a threshold issue in which the court must first satisfy itself that there is requisite statutory powers for the EFCC to prosecute the charge and competent jurisdiction in the court to entertain same.”

The former minister also filed a separate application, seeking an order of the court to restrain the EFCC from inviting, intimidating or harassing his sureties.

He also prayed for an order to vary the conditions attached to the bail granted him on January 11, one of which required that his sureties must provide evidence of their ownership of a property worth N300 million.

In the application, he claimed that the EFCC had “repeatedly harassed, threatened, and invited his sureties for investigation,” an action he said was “actuated by bad faith, for the sureties to withdraw their suretyship and thereby create an uneven playing field in the prosecution of the case”.

At the resumed hearing in the case yesterday, Adedipe told the court about the fresh applications his client had filed.

The trial judge, Justice Jude Onwuegbuzie, held that they were not ripe for hearing.

Justice Onwuegbuzie adjourned till February 26 for the hearing of the applications.

A High Court of the Federal Capital Territory (FCT) in Apo has granted bail at N50 million to former Minister of Power and Steel, Olu Agunloye.

Justice Jude Onwuegbuzie, in a ruling on Thursday, January 11, ordered Agunloye to produce two sureties who must be “reputable,” and be “people of means” residents within the FCT.

Justice Onwuegbuzie added that the sureties must have property worth N300m within the court’s jurisdiction, with a certificate of occupancy (C of O) that must be verified by officials of the court.

The defendant, the judge said, must deposit his travel documents with the court.

The ruling was on a motion for bail filed for Agunloye and argued by his lawyer, Adeola Adedipe (SAN).

Agunloye was arraigned on Wednesday on a seven-count charge brought against him by the Economic and Financial Crimes Commission (EFCC).

He is among others, accused of accepting bribes, engaging in forgery, disobedience to presidential directives and conspiracy.

The ex-minister, who is the sole defendant in the charge marked: CR/617/2023 was said to have conspired with Leno Adesanya (now at large) of Sunrise Power and Transmission Company Limited (SPTCL) in allegedly committing the said offences.

The defendant was accused of receiving a bribe totalling about N5.2million (N5,221,000.00) from Adesanya and SPTCL in relation to the award of the contract for the construction of 3960 megawatts Mambilla Hydroelectric Power Station in favour of SPTCL while in office in 2003.

He pleaded not guilty when the charge was read to him on Wednesday.

Arguing the motion for bail on Thursday, Adedipe prayed to the court to admit his client to bail on self-recognition.

Read Also: JUST IN: Court grants former power minister Agunloye N50m bail

He argued that, as against the impression created by the prosecution, his client was not a flight risk.

Adedipe added that should the court insist on granting his client conditional bail, he should not be required to produce a public servant as a surety.

He said the misconception about bail and the mischief referred to by the prosecution has been cured by the provision of Section 352(4) of the Administration of Criminal Justice Act (ACJA).

Adedipe noted that, by the provision, “once a defendant is admitted to bail, even if he absconds, the trial will continue and he will be convicted where necessary.”

Prosecuting lawyer, Abba Mohammed objected to the defendant’s request for bail, arguing that Agunloye may not make himself available to stand trial.

A High Court of the Federal High Court (FCT) in Apo has ordered the remand of former Minister of Power and Steel, Olu Agunloye in Kuje prison, Abuja following his arraignment before the court on Wednesday, January 10.

Agunloye was arraigned on a seven-count charge in which he was among others accused of accepting bribes, engaging in forgery, disobedience to a presidential directive, and conspiracy.

The ex-minister, who is the sole defendant in the charge marked: CR/617/2023 was said to have conspired with Leno Adesanya (now at large) of Sunrise Power and Transmission Company Limited (SPTCL) in allegedly committing the said offences.

The defendant was accused of receiving a bribe totalling about N5.2million (N5,221,000.00) from Adesanya and SPTCL about the award of the contract for the construction of 3960 megawatts Mambilla Hydroelectric Power Station in favour of SPTCL while in office in 2003.

He pleaded not guilty when the charge was read to him, following which the prosecuting lawyer, Abba Mohammad of the Economic and Financial Crimes Commission (EFCC) applied that the defendant be remanded I’m custody pending the commencement of trial.

Defence lawyer, Adeola Adedipe (SAN) told the court that a bail application had been filed for the defendant.

Given the information from Adedipe, Justice Jude Onwuegbuzie adjourned till Thursday for the hearing of the bail application, but ordered that the defendant be remanded in Kuje prison until the determination of his bail application.

Counts in the charge read:

*That you, Olu Agunloye, whilst being the Minister of Power and Steel on or about the 22nd of May 2003 in Abuja awarded a contract titled “CONSTRUCTION OF 3,960MW MAMBILLA HYDROELECTRIC POWER STATION ON A BUILD, OPERATE AND TRANSFER BASIS” to Sunrise Power and Transmission Company Limited without any budgetary provision, approval and cash backing and you thereby committed an offence contrary to and punishable under section 22(4) of the Corrupt Practices and other Related Offences Act, 2000.

Read Also: EFCC confirms arrest of ex-power minister Agunloye

*That you, Olu Aguntoye, whilst being the Minister of Power and Steel on or about the 22nd of May, 2003 in Abuja, knowingly disobeyed the directive of the President made at the Federal Executive Council meeting of the 21st May, 2003 directed at you pursuant to the President’s powers under section 5(1)(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) when you signed a letter addressed to Sunrise Power and Transmission Company Limited conveying the “approval of the Government of the Federal Republic of Nigeria for the construction of the 3,960 megawatts Mambilia Hydroelectric Power Station” and you thereby committed an offence contrary to and punishable under section 123 of the Penal Code Law.

*That you, Olu Agunloye (former Minister of Power and Steel) and Leno Adesanya (at large) of Sunrise Power and Transmission Company Limited, on or about the 22nd of May, 2003 in Abuja, conspired to do an illegal act to wit; forgery of a letter titled “CONSTRUCTION OF 3,960MW MAMBILLA HYDROELECTRIC POWER STATION ON A BUILD, OPERATE AND TRANSFER BASIS” dated the 22nd of May, 2003 and thereby committed forgery contrary to and punishable under sections 96 and 97 of the Penal Code.

*That you, Olu Agunloye (former Minister of Power and Steel) and Leno Adesanya (at large) of Sunrise Power and Transmission Company Limited, on or about the 22nd of May, 2003 in Abuja, with intent to cause the Federal Republic of Nigeria (FRN) to enter into a contract with Sunrise Power and Transmission Company Limited (SPTCL) made a false document tiled “CONSTRUCTION OF 3,960MW MAMBILLA HYDROELECTRIC POWER STATION ON A BUILD, OPERATE AND TRANSFER BASIS” and dated the 22th of May, 2003 and thereby committed forgery contrary to and punishable under sections 363 and 364 of the Penal Code.

*That you, Olu Aguntoye, on or about the 10th of August, 2019 in Abuja, corruptly received the sum N3,600,000.00 through your Guaranty Trust Bank account no.0022530926 from Sunrise Power and Transmission Company Limited (SPTCL) and Leno Adesanya for having conveyed the “approval of the Government of the Federal Republic of Nigeria for the construction of the 3,960 megawatts Mambilla Hydroelectric Power Station” in favour of SPTCL which you did whilst serving as the Minister of Power and Steel without the approval of the Federal Executive Council contrary to, and punishable under section 8(1)(a) and (b) of the Corrupt Practices and Other Related Offences Act, 2000.

*That you, Olu Agunloye, on or about the 22nd of October, 2019 in Abuja, corruptly received the sum of N500,000.00 through your Guaranty Trust Bank account no.0022530926 from Sunrise Power and Transmission Company Limited (SPTCL) for having conveyed the “approval of the Government of the Federal Republic of Nigeria for the construction of the 3,960 megawatts Mambilla Hydroelectric Power Station” in favour of SPTCL which you did whilst serving as the Minister of Power and Steel without the approval of the Federal Executive Council contrary to, and punishable under section 8(1)(a) and (b) of the Corrupt Practices and Other Related Offences Act, 2000.

*That you, Olu Agunloye, on or about the 13th of November, 2019 in Abuja, corruptly received the sum of N1,121,000.00 through your Guaranty Trust Bank account no.0022530926 from Sunrise Power and Transmission Company Limited (SPTCL) for having conveyed the “approval of the Government of the Federal Republic of Nigeria for the construction of the 3,960 megawatts Mambilla Hydroelectric Power Station” in favour of SPTCL which you did whilst serving as the Minister of Power and Steel without the approval of the Federal Executive Council contrary to, and punishable under section 8(1)(a) and (b) of the Corrupt Practices and Other Related Offences Act, 2000.