From Godwin Tsa, Abuja
The High Court of the Federal Capital Territory (FCT), Apo Division, has ordered the remand of a former Minister of Power and Steel, Olu Agunloye, in Kuje Correctional Centre.
Agunloye was arraigned by the Economic and Financial Crimes Commission (EFCC), over allegations of $ 6 billion fraud in the Mambilla Power Project.
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.
Although he pleaded not guilty to the charges read against him, Justice Jude Onwuegbuzie ordered that the minister be remanded in Kuje correctional facility pending when bail would be granted.
Prosecution counsel, Abba Mohammed, applied that the defendant be remanded in custody, pending the commencement of trial. However, counsel to the former minister, 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 today for the hearing of the bail application, but ordered that the defendant be remanded in Kuje prison, until the determination of his bail application.
Some of the charges 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.
“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 22nd 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.”