Presiding over the $6 billion Mambilla Hydropower Project case, Justice Jude Onwuegbuzie of the Federal High Court in Abuja emphasized the importance of a fair trial, granting an adjournment to June 10, 2024, to allow both parties adequate time to prepare their arguments. This decision came after the Economic and Financial Crimes Commission (EFCC) introduced a new witness, a former staff member of Guaranty Trust Bank (GTBank), prompting the defense to request more time to reassess their position.
The EFCC is prosecuting Dr. Olu Agunloye, former Minister of Power and Steel, for “awarding in 2003 a $6 billion Build, Operate and Transfer (BOT) contract without cash backing, disobeying oral directives of the President, forging his own letter as a sitting Minister, and receiving a retroactive bribe of N3.6 million 16 years after.”
In court, the EFCC presented its first Prosecution Witness (PW1), Mr. Adewale, as a “representative of Guaranty Trust Bank.” He was expected to discuss the GTBank statement of accounts presented by the EFCC. However, when Mr. Adewale disclosed that he was not employed by GTBank, the defense quickly pointed out this discrepancy to the court. Justice Onwuegbuzie immediately halted the presentation of Mr. Adewale and adjourned the hearing until June 10, 2024, to allow the EFCC to regularize its Prosecution Witness Number One.
Acknowledging the defense’s request for additional time, the judge granted the adjournment, stressing that the trial must proceed fairly and that both the prosecution and defense should have equal opportunity to present their cases. The judge urged both parties to ensure they are fully prepared for the next hearing date.
Agunloye faces accusations of financial misconduct and abuse of office concerning the awarding of the Mambilla Hydropower Project contract. His legal team maintains his innocence, arguing that the contract processes were conducted transparently and within the bounds of the law. The introduction of the new witness adds a layer of complexity to the trial, necessitating a thorough review by the defense.
The Mambilla Hydropower Project, envisioned to significantly boost Nigeria’s power generation capacity, has attracted considerable public and legal scrutiny. The outcome of the trial could have far-reaching implications for the project’s future and the country’s energy sector.
The adjournment to June 10 allows Agunloye’s legal team to reassess their position and strategy in response to the EFCC’s latest move. As the trial continues, it remains a focal point of national interest, given the Mambilla Hydropower Project’s potential impact on Nigeria’s energy sector and economic development.
Previously, the court dismissed Dr. Agunloye’s preliminary objection challenging the EFCC’s authority to prosecute him, affirming the EFCC’s jurisdiction to investigate and prosecute the alleged offenses. Agunloye had argued that the EFCC’s investigation and prosecution exceeded its statutory powers as outlined in Sections 6, 7, and 46 of the Economic and Financial Crimes Commission (Establishment) Act, citing the Supreme Court’s decision in Nwobike v. Federal Republic of Nigeria.
“The alleged offenses in this charge pertain to my activities as a public officer, concerning the alleged award of a contract without budgetary provision, approval, and cash backing,” Agunloye told the court. “It also pertains to alleged disobedience of the president’s directives and forgery of a letter dated May 22, 2003. These allegations do not constitute financial crimes, which can be lawfully investigated and prosecuted by the EFCC under its powers.”
Agunloye argued that the EFCC’s investigation and current prosecution were beyond its legal authority, asserting that the purported investigation and prosecution of this charge by the EFCC is ultra vires its powers. As the trial proceeds, the court’s commitment to ensuring a fair trial for both parties remains a cornerstone of the judicial process.