A prosecution witness in the trial of former Minister of Power and Steel, Olu Agunloye, on Monday contradicted an aspect of his earlier testimony while being cross-examined before a Federal Capital Territory (FCT) High Court in Apo, Abuja.
The witness, Iliya Iyakwari, who is the fifth prosecution witness (PW5) in the case, is testifying in the ongoing trial over alleged irregularities linked to the controversial $6 billion Mambilla Hydroelectric Power Project contract.
During Monday’s proceedings, lead defence counsel, Adeola Adedipe (SAN), sought the court’s permission to confront the witness with a document already admitted as evidence. The document was said to be an extract of a Federal Executive Council (FEC) meeting.
Adedipe asked Iyakwari to confirm when he certified the document, which the witness had earlier testified was certified in June 2023.
However, under cross-examination, Iyakwari told the court there was no indication on the document showing it was certified in June 2023 and stated that he did not certify it during that period.
The response prompted the defence counsel to question the accuracy of the witness’s earlier testimony.
“So your evidence to this court that you certified it in June 2023 is not true?” Adedipe asked.
The prosecution counsel, Abba Mohammed (SAN), objected to the question, arguing that it was based on a defence exhibit that had only just been introduced.
Mohammed further contended that allowing the line of questioning could violate the witness’s right to fair hearing under Section 36 of the 1999 Constitution.
In response, Adedipe argued that the witness was not a party to the proceedings and therefore could not rely on constitutional fair hearing protections in that context.
He maintained that the defence was entitled to test the credibility and reliability of the witness’s testimony through cross-examination.
“I asked the witness if he certified the documents in 2023 for onward transmission to the EFCC, and he answered in the affirmative. It was based on that response that I requested him to identify the date of certification, and he admitted that no such date existed on the document,” Adedipe told the court.
In a brief ruling, Justice Jude Onwuegbuzie dismissed the prosecution’s objection and directed the witness to answer the question.
When asked again whether it was untrue that he certified the document in 2023, Iyakwari answered in the affirmative, effectively contradicting his earlier evidence before the court.
Following the proceedings, Justice Onwuegbuzie adjourned the matter until Wednesday for the continuation of trial.
Iyakwari had earlier testified on June 1 that he served as an Assistant Director (Legal) in the Federal Ministry of Justice and was currently an Assistant Legal Adviser in the Federal Ministry of Power.
According to his testimony, the Economic and Financial Crimes Commission (EFCC) wrote to the Ministry of Power in June 2023 requesting an extract of the Federal Executive Council meeting held on May 31, 2003.
He said the ministry’s Permanent Secretary subsequently directed the Legal Services Department to process the request.
“The legal department wrote to the unit that had custody of the document, after which the extract was forwarded to us,” he told the court.
Iyakwari further stated that he was instructed by the ministry’s director and legal adviser to certify the documents and transmit the Certified True Copies (CTCs) to the EFCC.
Agunloye is facing a seven-count amended charge filed by the EFCC.
The charges include alleged disobedience of presidential directives, conspiracy, forgery, and receiving gratification in connection with the Mambilla Hydroelectric Power Project.
The anti-graft agency alleges that Agunloye received more than N5 million in 2019 from Leno Adesanya, promoter of Sunrise Power and Transmission Company Limited, through an intermediary, Jide Sotirin.
According to the EFCC, the payment was made through Agunloye’s Guaranty Trust Bank account as gratification for facilitating Federal Government approval for the Mambilla project.
The commission also alleges that Agunloye conspired with Adesanya to forge a document titled, “Construction of 3,960MW Mambilla Hydroelectric Power Station on a Build, Operate and Transfer Basis.”
Agunloye has pleaded not guilty to all charges and maintains his innocence.