Mambilla update: Fifth EFCC Witness leaves contradictions and blemishes behind
EFCC Witness admitted that he prepared document as extract of FEC Minutes without ever seeing the FEC Minutes; certified documents as true copies of the originals without seeing the originals and that the two versions of FEC Minutes submitted by EFCC are “different in form and substance” and 12 days later told court that they are “the same verbatim”
On Thursday, 2 July 2026, Barr. John Illya Iyakwari concluded his evidence in chief on the Mambilla trial and was discharged from the court. He was first presented by the Prosecution on 1 June 2026 to the FCT High Court in Apo District, near Abuja as the fifth prosecution witness (PW5) against the defendant, Dr Olu Agunloye, the former minister of power in the criminal case of the Mambilla Hydroelectric Power Project awarded as a Build, Operate and Transfer (BOT) Contract in May 2003 by the Minister. In his evidence in chief, PW5 told court that while he was an Assistant Director (Legal) at the Ministry of Power, he prepared the document labelled Exhibit 3K and certified it as the true copy of the Extract of the FEC Minutes of 21 May 2003 and forwarded it to EFCC in June 2023.
However, during cross examination by the Defence lawyer on 3 June 2026, PW5 admitted that he prepared the document, Exhibit 3K, and forwarded it to EFCC in June 2023 as the Extract of FEC Minutes without seeing the original FEC Minutes. He also admitted that he certified the Extract as the true copy of the original in January 2024 and not in June 2023 as he said under oath in during his Examination in Chief. The fifth witness confirmed that he certified the Extract as a true copy of the original without seeing the original and that an EFCC staff he identified as Mr. Umar Babangida, the PW3, brought the document back to him at the ministry of power seven months later, in January 2024. He said Babangida then requested him to certify it as true copy of the original. Barrister Iyakwari, PW5 told the court that he certified the document brought by Babangida of EFCC as true copy of the original without checking with any original or checking to see if Umar Babangida or anyone in EFCC had tampered with it within the seven months.
During further cross-examination by the Defence lawyer on 18 June 2026, the two versions of the Extracts of the FEC Minutes submitted by EFCC, Exhibit 3D and Exhibit 3K, were shown to PW5. Upon comparison, he told the court that they were different in form and substance. However, he shifted his ground on Thursday, 2 July 2026 during re-examination by the Prosecution lawyer that the same two versions ‘were same verbatim’ in areas. The Defence challenged this conflicting evidence as an attempt to plug loopholes, revamp, or renovate the earlier evidence already provided by PW5 contrary to the provisions of the Section of the Evidence Act which requires re-examination to adhere strictly to questions asked during cross-examination, but the judge overruled that this saying that point should be reserved for the address stage.
The prosecution discharged PW5 and told the court that PW6 will be presented on the next adjourned date of Monday, 6 July 2026.
#AbujaNews2026. 2 July 2026
