The fifth prosecution witness in the alleged $6 billion Mambilla Hydropower Project fraud case, Mr. Iliya John Iyakwari, on Wednesday clarified circumstances surrounding the certification of extracts from a Federal Executive Council (FEC) meeting relied upon by the prosecution.
Iyakwari, an Assistant Director of Legal in the Federal Ministry of Power, gave the clarification while testifying before Justice Jude Onwuegbuzie of the Federal Capital Territory (FCT) High Court, Apo, Abuja, in the ongoing trial of former Minister of Power, Chief Olu Agunloye.
Agunloye is standing trial on an amended seven-count charge bordering on official corruption and the alleged fraudulent award of a $6 billion Mambilla Power Project contract to Sunrise Power Transmission Company Limited.
Under cross-examination by defence counsel, Mr. Adeola Adedipe (SAN), the witness explained that the Economic and Financial Crimes Commission (EFCC) initially requested certified extracts of the minutes of the May 21, 2003 FEC meeting in July 2023.
According to him, although the ministry forwarded the requested documents to the anti-graft agency on July 27, 2023, the extracts were not certified at the time.
He stated that the omission prompted the EFCC to return the documents in January 2024 for proper certification.
“It was after it was received by EFCC in July 2023 that they realised the extract was not certified. In January 2024, a staff of the EFCC brought back the document to my director and reminded him that it had not been certified.
“My director then directed me to certify the document. That is why the certification date of January 26, 2024 differs from the date it was originally forwarded,” the witness told the court.
Iyakwari further explained that during the certification process, he mistakenly stamped the original forwarding letter dated June 27, 2023 before returning all documents to his director, who subsequently handed them back to the EFCC official.
The witness was responding to questions aimed at testing whether his previous testimony regarding the certification process contained contradictions.
However, prosecution counsel, Mr. Abba Mohammed (SAN), objected to suggestions that the witness had given conflicting evidence.
Mohammed argued that court records clearly showed that the witness merely summarised administrative activities undertaken in June 2023 and never stated that the certification itself occurred during that period.
“My lord, the records of the court speak for themselves. The witness never testified that certification was done in 2023. His explanation related to the administrative handling of the documents,” the prosecutor submitted.
A further dispute arose when defence counsel sought to question the witness on whether documents previously tendered by another prosecution witness, identified as Babangida, differed from the extracts he certified.
Mohammed again objected, arguing that Iyakwari was not present in court during Babangida’s testimony and could not be cross-examined on documents that were not tendered through him.
He cited judicial authorities, including the case of Buhari versus INEC and Others (2008), in support of his objection.
Following arguments from both parties, Justice Onwuegbuzie adjourned the matter until June 18 and July 2, 2026, for continuation of trial.
The case centres on allegations surrounding the award of the Mambilla Hydropower Project contract, one of Nigeria’s largest power infrastructure projects.
