Agunloye Trial: Prosecution Witness Rebuts Claims Of Contradictory Testimony Over FEC Records

The trial of former Minister of Power, Olu Agunloye, over the alleged fraudulent award of the $6 billion Mambilla Hydropower Project contract continued on Wednesday as a prosecution witness clarified circumstances surrounding the certification of a key Federal Executive Council (FEC) document tendered before the court.

The fifth prosecution witness (PW5), Iliya John Iyakwari, told Justice Jude Onwuegbuzie of the Federal Capital Territory High Court, Apo, Abuja, that the certified extract of the FEC meeting of May 21, 2003, was only certified in January 2024 after the Economic and Financial Crimes Commission (EFCC) returned an earlier uncertified copy.

Agunloye is being prosecuted by the EFCC on an amended seven-count charge bordering on alleged official corruption and the controversial award of the Mambilla Power Project contract to Sunrise Power Transmission Company Limited.

Iyakwari, an Assistant Director of Legal in the Federal Ministry of Justice who currently serves as Assistant Legal Adviser in the Federal Ministry of Power, made the clarification while being cross-examined by defence counsel, Adeola Adedipe, SAN.

According to the witness, the EFCC initially requested the FEC meeting extract in July 2023, and the document was forwarded to the Commission through a memo dated July 27, 2023. However, the copy sent at the time was not certified.

“It was after the document was received by the EFCC in July 2023 that they realised the extract was not certified. In January 2024, an EFCC staff member identified as Babangida returned the document and informed my director that it had not been certified,” he said.
Iyakwari explained that following the reminder, his director instructed him to certify the document, leading to the certification dated January 26, 2024.
“That is why the date of certification on the document is different from the date it was originally forwarded. During the certification process, I mistakenly stamped the original forwarding letter dated June 27, 2023. After certifying the document, I returned it to my director, who I believe handed it back to the EFCC official,” he added.

During proceedings, defence counsel sought to challenge the witness over what appeared to be inconsistencies regarding the certification timeline. However, prosecution counsel, Abba Mohammed, SAN, objected, arguing that the witness had never stated that the certification itself occurred in 2023.
“My lord, the witness merely summarised the sequence of events that took place in 2023. He never testified that the certification was done in that year. The court records speak for themselves,” Mohammed argued.

The prosecution also objected when the defence asked the witness whether a document tendered by another EFCC witness was different from the one he certified, maintaining that the witness could not testify on evidence introduced through another witness.

Justice Onwuegbuzie subsequently adjourned the matter until June 18 and July 2, 2026, for continuation of trial