The Federal High Court in Abuja ,Thursday, heard how former Minister of Works, Dr Hassan Muhammed Lawal and some multinational companies diverted from treasury the sum of N6.4 billion federal government equity contribution for the financing of construction work at Guto Bagana bridge
The sum was part of federal government payment for the joint project between the federal government, Nasarawa and Kogi state governments.
The contract for the bridge designed to link Nasarawa State with Kogi was to be carried out on Public Private Partnership on Built Operate and Transfer agreement between the Federal Government and the two states governments on one hand and the Swede Control Intertek Limited, been the concessionaire, on the other hand.
A Prosecution witness, Mr. Chike Nwibe, a member of the team that investigated the allegations of conspiracy, criminal breach of trust, fraud, abuse of office, misappropriation and criminal conversion of public fund leveled against the former Minister of Works and his co-accused persons disclosed this while testifying before the court yesterday.
The witness, who is a deputy Superintendent of Police seconded to the EFCC told the court, while being led in evidence by the prosecution counsel, Wahab Shittu that investigation shows that the public partners (FG and the government of Nasarawa and Kogi state) in the Guto Bagana Bridge contract paid their equity contribution of N6.4billion while the private partner (Swede Control Intertek Limited) made zero contribution.
“Some of the documents available to the investigation team show that the N6.4 billion and other contributions in connection to the contract are to be paid into a joint account to be managed by signatories of the two parties. “However, that did not happen as monies were most times released directly to another company, which later transformed into been the concessionaire. The name of the company is Digital Tolls Company Limited (DTCL) which belong to the 3rd accused person, Dr Adeogba Godwin Ademola”, the witness added.
He said Dr, Adeogba’s company was initially brought in as a special purpose vehicle by Swede Control Intertek Limited, also owned by him (3rd accused person), noting that the original company which was given the contract later disappeared from the radar completely”.
“Swede Control Intertek Limited and DTCL, owned by the same person were registered by the Corporate Affairs Commission (CAC) on May 16,2007, a day before the contract was awarded”, he said.
The prosecution witness told the court that the DTCL violated almost all the agreement in respect with the Guto Bagana Bridge contract, a situation which made the Bureau for Public Procurement (BPP) to write to the then Minister of works, Dr. Lawal that the contractor should be penalized and the contract be terminated.
He said the former minister did not carry out the directive, but the succeeding minster terminated the contract in August 2010. Justice Adamu adjourned the matter to 4th and 6th February, 2013 for continuation of trial.
The former Minister of Works, standing trial along with some multinational companies for allegedly defrauding the Federal Government of N75.5 billion pleaded not guilty to the 44-count amended charges preferred against them by the EFCC.
It would also be recalled that the anti-graft agency has withdrawn criminal charges against one of the companies, NAIRDA Limited, its Managing Director, Hillel Gilboa and three others.
In the case of NAIRDA Limited, the EFCC said it erroneously included their names in the 24-count criminal charges, but would now convert the company to a star prosecution witness.
