Fresh twists emerged on Monday at the Federal Capital Territory High Court, Abuja, in the ongoing trial over the controversial $6 billion Mambilla Hydroelectric Power Project, as an Economic and Financial Crimes Commission (EFCC) investigator admitted that crucial decisions on the project were taken before former Minister of Power, Dr. Olu Agunloye, assumed office.
Court proceedings, which resumed at 9:00am but were not called until 11:00am, were presided over by Justice Jude Onwuegbuzie, who restricted cross-examination to one hour.
Testifying as the third prosecution witness (PW3), Senior EFCC Investigation Officer, Umar Babangida, made several admissions under cross-examination that appeared to weaken the prosecution’s case against Agunloye.
Babangida told the court that the recommendations leading to the award of the Mambilla contract to Sunrise Power and Transmission Company were based on a Memorandum of Understanding (MoU) signed between Sunrise, its partners, and the Federal Government before Agunloye’s appointment as Minister of Power.
He further admitted that former President Olusegun Obasanjo had already approved the details of the Mambilla contract prior to Agunloye’s assumption of office.
According to the EFCC witness, discussions on government equity participation in the project also predated Agunloye’s tenure. He disclosed that while Sunrise and government officials initially proposed a 35 per cent government stake, Obasanjo approved a maximum of 25 per cent—again, before Agunloye became minister.
Babangida explained that when Agunloye eventually took office, his role was largely procedural, limited to presenting already agreed terms to the Federal Executive Council (FEC). He confirmed that Agunloye complied fully with presidential directives by submitting a memo to FEC in line with Obasanjo’s specifications.
Although PW3 initially claimed ignorance of whether the memo was supported by cabinet members, Justice Onwuegbuzie directed him to read from the “Executive Conclusions” document tendered by the EFCC as Exhibit E3. He then read aloud that members of the Federal Executive Council “supported the memo.”
The witness also revealed that financial preparations for the project were already in place before the May 21, 2003 FEC meeting. He told the court that the Federal Government had appropriated N6 billion in the 2003 budget for preliminary works on the 39-megawatt Mambilla Hydroelectric Power Project under a Build-Operate-Transfer (BOT) arrangement.
Under the agreement, Babangida said Sunrise Power was expected to source private funding estimated at $6 billion for the execution of the project.
Proceedings were adjourned at 12:05pm, with Justice Onwuegbuzie fixing Wednesday, January 21, 2026, at 1:00pm for the continuation of cross-examination.
Recall that during earlier sessions, PW3 had also admitted to inconsistencies in former President Obasanjo’s communications regarding the 2003 BOT contract and Agunloye’s role in the project.
Agunloye is currently facing an amended seven-count charge filed by the EFCC, bordering on official corruption and alleged fraudulent award of the Mambilla Hydroelectric Power Project contract.
During Monday’s session, the EFCC witness confirmed that Agunloye wrote to President Obasanjo on April 7, 2003, seeking approval to issue a letter to Sunrise Power. He told the court that Obasanjo responded with the directive: “No objection. Bring a Memo to the Federal Executive Council, including a comparison with a coal thermal power station.”
When asked whether Agunloye complied, Babangida answered in the affirmative, confirming that the memo, including the comparison, was duly presented to the council.
