Prosecution witness Umar Babangida has said that he does not recall whether former AGF Michael Aondoaka informed President Umaru Yar’Adua that the award of the Mambilla project to SPTCL was lawful.
Mr Babangida, an investigator with the Economic and Financial Crimes Commission, was testifying in the trial of former power and steel minister, Olu Agunloye, at the FCT High Court, Apo Division.
He made the assertion during cross-examination by the defendant’s lawyer, Adeola Adedipe.
Mr Babangida, who is the third prosecution witness, said he could not remember whether Aondoaka, in an opinion dated February 25, 2010, advised Yar’Adua that the award letter to SPTCL was lawful.
He also told the court that he could not recall whether the former minister stated that it was wrong for the federal government to re-award the contract without first terminating the contract with SPTCL.
The witness further stated that he was unaware that Aondoaka had advised the federal government to revive the contract awarded to SPTCL due to its legal implications.
The defence counsel then asked Babangida to read from his investigation report on the alleged Mambilla project, which had earlier been admitted in evidence.
The defence counsel subsequently told the witness that, in his opinion, the re-awarded Mambilla project should be terminated, while the earlier contract awarded to SPTCL should be resuscitated. But Mr Babangida disagreed.
“That was not my opinion, it was that of the former attorney general, and it is contained in my report, but it was the opinion of the former attorney general,’’ he said.
He added that he had no intention to mislead the court by stating that he did not know about Aondoaka’s legal opinion.
The witness also said he could not remember whether, during the investigation, he had come across a legal opinion written by former justice minister Abubakar Malami. He, however, said he would not be surprised if Malami’s opinion aligned with Mr Aondoaka’s.
Mr Babangida confirmed that a terms of settlement were entered into in respect of the Mambilla project award in suit number FHC/ABJ/CS/384/2007.
He further told the court that a Federal Executive Council report before the court indicated there was no law regulating the privatisation of power supply in Nigeria at the time.
According to him, the report advised that an appropriate enabling law be enacted to guide the privatisation of various aspects of power supply in the country.
The witness also said he could not remember whether any law before 2005 required government agencies to obtain FEC approval before issuing contract awards.
The case was adjourned until Wednesday for further cross-examination.
EFCC is prosecuting Mr Agunloye on an amended seven-count charge bordering on disobeying presidential directive, conspiracy, forgery and receiving gratification before Justice Jude Onwuegbuzie.
Mr Agunloye is alleged, among other counts, to have 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 pleaded not guilty to the charges at his arraignment.
(NAN)
