Fresh questions surfaced over the prosecution’s documentary evidence in the Mambilla Hydroelectric Power Project trial on Thursday after the Economic and Financial Crimes Commission’s (EFCC) fifth witness gave testimony that drew sharp objections from the defence over inconsistencies surrounding key Federal Executive Council (FEC) documents.
The witness, Barrister John Illya Iyakwari, an Assistant Director (Legal) at the Federal Ministry of Power, admitted before the FCT High Court in Apo, Abuja, that he prepared an extract of the FEC minutes tendered by the EFCC without first sighting the original minutes.
He also corrected his earlier testimony, telling the court that although he had initially claimed to have certified the document in June 2023, the certification was in fact carried out seven months later, in January 2024.
Iyakwari further disclosed that the document was returned to him by an EFCC official, Umar Babangida, for certification and that he endorsed it as a true copy without comparing it with the original FEC minutes or determining whether it had been altered while in the commission’s custody.
Proceedings took another dramatic turn when the witness was confronted with two versions of the FEC extract admitted as Exhibits 3D and 3K. During cross-examination, he told the court the documents were “different in form and substance.”
But during re-examination on Thursday, Iyakwari appeared to depart from that position, stating that the two exhibits were “the same verbatim” in relevant respects.
The defence immediately objected, arguing that the prosecution was attempting to remedy contradictions exposed during cross-examination through re-examination, an approach it said was inconsistent with the provisions of the Evidence Act.
Although the trial judge overruled the objection, he held that the defence was at liberty to raise the issue during its final address.
With the witness discharged, the prosecution informed the court that it would call its sixth witness when the matter resumes on Monday, July 6.
Dr. Agunloye is facing trial over the 2003 award of the Mambilla Hydroelectric Power Project under a Build, Operate and Transfer (BOT) arrangement. He has consistently denied the allegations against him and pleaded not guilty.