An FCT High Court in Apo, Abuja, has ordered the Economic and Financial Crimes Commission (EFCC) to serve the defense team of former Minister of Power and Steel, Dr. Olu Agunloye, with the summary of the statement of former Cross River Governor, Liyel Imoke, before he testifies in the ongoing Mambilla Hydroelectric Power Project trial.
Justice Jude Onwuegbuzie issued the directive on Monday after Agunloye’s lead counsel, Adeola Adedipe (SAN), complained that the prosecution failed to provide the defense with Imoke’s witness statement despite listing him as the sixth prosecution witness.
Agunloye, who served as minister under former President Olusegun Obasanjo, is facing a seven-count amended charge bordering on alleged disobedience to presidential directives, conspiracy, forgery and receiving gratification over the controversial Mambilla power project in Taraba State.
The EFCC alleges that Agunloye received N5.212 million in 2019 from Leno Adesanya, promoter of Sunrise Power and Transmission Company Limited, through Jide Abiodun Sotirin, into his Guaranty Trust Bank account as gratification linked to the Federal Government’s approval of the project.
The anti-graft agency also accused him of defying a presidential directive in awarding the Mambilla contract and conspiring 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 the charges.
At Monday’s proceedings, EFCC counsel Abba Muhammed (SAN) informed the court that the prosecution had filed 11 additional documents as proof of evidence and was ready to continue the trial with Imoke as its next witness.
However, Adedipe argued that the prosecution’s failure to disclose Imoke’s statement violated Section 379 of the Administration of Criminal Justice Act (ACJA) and Section 36(6) of the 1999 Constitution, which guarantee an accused person access to materials needed to prepare an adequate defense.
He maintained that merely listing a witness or tendering documents could not replace the statutory requirement to provide a summary of the witness’s expected testimony, describing Imoke’s appearance in court without prior disclosure as an attempt to ambush the defense.
In response, Muhammed insisted the prosecution had complied with the law, noting that Imoke had been listed in the original proof of evidence filed on September 27, 2023, alongside a summary of the testimony expected from prosecution witnesses.
He further argued that the relevant summary could be found in documents already tendered through an earlier witness.
Ruling on the objection, Justice Onwuegbuzie held that the prosecution was obliged to provide the defense with the summary of its witness’s statement.
The judge subsequently directed the EFCC to file and serve the summary of Imoke’s statement on Agunloye’s legal team before proceeding with his testimony. The case was adjourned until October 19 for continuation of the trial.
 to serve the defense team of former Minister of Power and Steel, Dr. Olu Agunloye, with the summary of the statement of former Cross River Governor, Liyel Imoke, before he testifies in the ongoing Mambilla Hydroelectric Power Project trial.){kind=link}