The Fifth Prosecution Witness (PW5) in the trial of former Minister of Power, Olu Agunloye, on Wednesday, June 10, 2026, clarified issues surrounding the certification of the extract of the minutes of the Federal Executive Council (FEC) meeting of May 21, 2003, before Justice Jude Onwuegbuzie of the Federal Capital Territory (FCT) High Court, Apo, Abuja, following a formal request by the Economic and Financial Crimes Commission (EFCC) for certified extracts of the meeting.
The former minister is facing prosecution on an amended seven-count charge bordering on alleged official corruption and the fraudulent award of the Mambilla Power Project contract worth $6 billion to Sunrise Power Transmission Company Limited.
The witness, Iliya John Iyakwari, an Assistant Director of Legal in the Federal Ministry of Justice, currently serving in the Federal Ministry of Power as an Assistant Legal Adviser since August 2014, stated during cross-examination by defence counsel, Adeola Adedipe, SAN, that the request for a certified copy of the extract of the FEC meeting of May 21, 2003, was received from the EFCC in July 2023.
He explained that the certification was eventually done in 2024 because, upon receipt of the request letter from the User Department, the Legal Department forwarded a memo to the EFCC dated July 27, 2023, but the initial copy sent to the Commission was not certified, prompting the EFCC to return it.
“It was after it was received by the EFCC in July 2023 that they realised the extract was not certified. So, in January 2024, a staff of the EFCC brought back Exhibit Three K to my Legal Adviser, and the name of the EFCC staff is Babangida.
“He brought it personally and reminded my director that it was not certified. My director then gave me the document to certify. That is why my lord will see on the face of the document that the date it was certified, January 26, 2024, is different from the date it was forwarded. It was in the process of certification that I mistakenly stamped the original forwarding letter dated June 27, 2023. After stamping the document, I gave it back to my director, who I believe handed it over to Babangida because I left them afterwards,” he said.
When asked whether his earlier testimony suggesting certification in June 2023 was contradictory, prosecution counsel, Abba Mohammed, SAN, defended the witness’ position, insisting that the testimony was not contradictory and that court records spoke for themselves.
“My lord, I object to this particular question anchored on Exhibit PW5A, which was just tendered in court. What I see in our record, and what I believe is reflected in the records of the court, is that in his explanation, he summarised that all these activities were done in June 2023; he never said the certification was done in 2023.
“This objection is founded on Section 36 of the 1999 Constitution of the Federal Republic of Nigeria, which is superior to the Evidence Act. We will rely on the record of the court, particularly line 16,” he said.
The witness was also asked whether the document tendered in court by Babangida during his testimony was a different extract of the FEC meeting from the one he certified.
The prosecution counsel again objected, arguing that the witness, in line with court procedure, was absent from the courtroom during Babangida’s testimony and therefore could not be cross-examined on a document that was not tendered through him. He cited the case of Buhari v. INEC & Others (2008).
Justice Onwuegbuzie adjourned the matter until June 18 and July 2, 2026, for the continuation of trial.
