Di FCT High Court for Apo don give EFCC order to serve di defence with di summary of former Governor Liyel Imoke statement. Justice Jude Onwuegbuzie give di directive on Monday for Abuja during trial of former power minister Olu Agunloye.
EFCC list Imoke as number six prosecution witness for di case wey dey about Mambilla Hydroelectric Power Project for Taraba. But Agunloye lawyer, Adeola Adedipe, object because di defence never receive di summary of wetin Imoke go talk.
Agunloye serve as minister under former President Olusegun Obasanjo. EFCC dey prosecute am on seven counts wey include disobedience to presidential directive, conspiracy, forgery, and receiving gratification.
Di EFCC allege say Agunloye receive N100 million from Leno Adesanya of Sunrise Power and Transmission Company Limited through Jide Abiodun Sotirin into im GTBank account for allegedly giving federal government approval for Mambilla project construction. Di commission also say while he dey serve as minister, Agunloye disobey presidential directive on contract award for Mambilla project and conspire with Adesanya to forge letter wey dey title ‘Construction of 3,960MW Mambilla Hydroelectric Power Station on a Build, Operate and Transfer Basis’. He plead not guilty.
For di resumed hearing, prosecution lawyer Abba Muhammed say dem don file 11 additional documents as proof of evidence and serve dem on defence. He say di day business na to continue trial and dem get witness ready.
But Adedipe draw court attention to Section 379(1)(a)(i)(ii) of ACJA 2021 and Section 36(6) of 1999 Constitution. He argue say prosecution must provide defendant with all material facts for im defence and adequate time to prepare. He tell court say despite repeated requests, prosecution never disclose who next witness be, leaving defence in dark. He say Imoke sudden appearance na to ambush dem.
Adedipe explain say there be difference between list of exhibits and summary of witnesses statements under Section 379 of ACJA. He urge court to direct prosecution to file Imoke statement summary and serve defence.
For response, Muhammed say prosecution don comply with law. He add say witness dey among list for first proof of evidence wey date September 27, 2023, with summary of expected testimony. He note say some witnesses don already testify. He draw court attention to documents wey dem don tender through previous witness, saying Imoke statement summary dey inside.
After hearing both sides, di judge hold say prosecution must provide witness summary to defence. He direct EFCC to file Imoke summary and serve defence. He then adjourn matter until October 19.
