Ex-minister fails to appear in court in N2.5bn digital switch suit

By Andrew Orolua, Abuja

Former Minister of Information, Lai Mohammed on Wednesday failed to appear before Justice Folashade Ogunbanjo Giwa of the Federal High Court Abuja, to explain his role in the approval of N2.5 billion to Pinnacle Communications Limited for the purpose of the digital switch over project of the federal government.

Wednesday’s sitting was in continuation of the trial of the Director General of the National Broadcasting Commission, Ishaq Kawu Modibbo, Pinnacle Communications and two others.

The former minister was among the persons listed by the prosecution counsel, Henry Emore in ICPC’s list of additional witnesses and he was expected to be in court to testify being the minister who approved the payment of N2.5billion to Pinnacle Communications.

However, after calling two witnesses, the prosecution counsel informed the court that he was to call the former information minister next to mount the witness box, but for his absence.

Emore said Lai Mohammed has travelled out of the country, but is expected back in the country on or before July 31. In addition, he disclosed that the former minister has finally made his statement before the ICPC.

The prosecution also informed the court that the other witness he wished to call was still in Saudi Arabia.

However, counsel to Onifade Oladipupo (second defendant) and Sir Lucky Omoluwa (third defendant), Alex Izinyon (SAN), told the court that he has already filed an application to oppose the list of additional witnesses filed by the prosecution counsel.

Izinyon said the defence team has already joined issues with the prosecution on the failure of the ICPC to call the ex-information minister who approved the payment to Pinnacle as well as join him as a defendant in the case.

Earlier, upon cross examination by Izinyon, a prosecution witness, Olugbemi Abraham told the court that “during investigation, we could not interview the then minister of information because he said he needed clearance from the secretary to the government of the federation.”

Abraham however, revealed that they later took statement from Lai Mohammed during the pendency of the case, admitting that “really, we did not bother to get in touch with the secretary to the government to enable him allow the information minister to make a statement.”

He admitted that the NBC based on the provision of the white paper that government should provide conditions for a level playing field for signal distributors is the one that would determine the level playing field.

Under further cross -examination by Amah Etuwewe, counsel to the fourth defendant (Pinnacle Communications), the witness said upon investigation, they did not value the facility put in place by Pinnacle at the Abuja digital switch over site.

Furthermore, the witness admitted that the N2. 5 billion was released under the supervision of the then information minister, adding that “to the best of my knowledge, the Presidency that released the N10 billion to the NBC for the purpose of the digital switch over has not complained of how the fund was used, and I am not aware if the minister had withdrawn his approval.”

Meanwhile, Justice Ogunbanjo Giwa has adjourned to July 1 ruling on a motion by the second and third defendants seeking the release of their international passports to enable them travel abroad for official functions.