Ex-governor Liyel Imoke testifies against former power minister Agunloye

Former Minister of Power and Steel, Liyel Imoke, mentioned Monday that the controversial Mambilla Hydropower station contract was awarded by his predecessor Olu Agunloye with the approval of the Federal Executive Council (FEC).

Mr Imoke mentioned it was pointless to formally cancel the contract after he assumed workplace, as a result of the contract by no means acquired the blessing of the FEC within the first place.

The former Cross River State governor was fielding questions on the Federal Capital Territory (FCT), Abuja, the place he appeared because the sixth prosecution witness in Mr Agunloye’s corruption trial.

Mr Imoke succeeded Mr Agunloye because the power minister in July 2003 and served till January 2007, throughout former President Olusegun Obasanjo’s administration.

Mr Imoke later grew to become the Governor of Cross River State in May 2007 and served in that capability till May 2015.

The Economic and Financial Crimes Commission (EFCC) known as Mr Imoke as its sixth prosecution witness against Mr Agunloye, who faces seven prices together with disobedience to a presidential directive, conspiracy, forgery and receiving gratification.

The prices stemmed from his roles within the award of the $6 billion Mambilla Hydroelectric Power contract in May 2003 to Sunrise Power and Transmission Company Limited (SPTCL). An arbitration panel in Paris, France, lately cleared Nigeria of any legal responsibility concerning the contract whereas it accused PTCL of fraud in its …..

The venture was a proposed 3,050 MW hydroelectric facility positioned in Kakara village, Taraba State, which by no means noticed the sunshine of the day.

The prosecution mentioned Mr Agunloye disobeyed a presidential directive issued in 2003 throughout a Federal Executive Council assembly concerning the contract.

It added that Mr Agunloye disobeyed the directive by signing a letter addressed to SPTCL, purportedly conveying “the approval of the Government of the Federal Republic of Nigeria for the construction of the 3,960 megawatts Mambilla Hydroelectric Power Station.”

The EFCC additionally accused Mr Agunloye of conspiring with Leno Adesanya, the foremost prompter of SPTCL who the company indicated was at giant, to falsify a doc titled “Construction of 3,960MW Mambilla Hydroelectric Power Station on a Build, Operate and Transfer Basis” in 2003.

Other allegations embody receiving gratifications of over N5 million from SPTCL and Mr Adesanya.

Mr Agunloye has denied all seven prices.

An arbitration tribunal lately exonerated Nigeria concerning the contract after discovering that the award of the contract to SPTCL was tainted by bribery.

‘Null and void’

Trial Judge Jude Onwuegbuzie listened on Monday as Mr Imoke, beneath cross-examination by Mr Agunloye’s defence lawyer Adeola Adedipe, a Senior Advocate of Nigeria (SAN), maintained that the Mambilla power station contract was null and void within the first place, and required no formal pronouncement for its cancellation.

“A contract awarded in contravention of the FEC will not require cancellation,” the politician mentioned.

“I didn’t cancel the contract as a result of the FEC didn’t approve it, and so it was null and void. The minister doesn’t have the power to award a contract.

“It is null and void as far as the FEC and the presidency did not give approval to the award of the contract.”

Similarly, the Mambilla Hydroelectric Power venture grew to become a topic of worldwide concern.

Controversial contract

The venture, first awarded in 2003 to SPTCL by the President Olusegun Obasanjo administration, is the topic of a long time of a authorized dispute. An arbitration tribunal in Paris lately resolved the matter in favour of Nigeria and against SPTCL, which had accused Nigeria of breach of contract.

Mr Obasanjo, in 2023, accused Mr Agunloye of fraudulently awarding the contract to the corporate with out approval.

However, the former minister dismissed these claims, alleging that he was getting used as a scapegoat to flee sanctions by the arbitration panel in Paris for abandoning contractual agreements on the venture.

The venture, meant to generate 3,960 megawatts of electrical energy, was designed to be executed on a construct, function, and switch foundation.

Imoke’s evaluate of the contract

On Monday, Mr Imoke went down the reminiscence lane in regards to the controversial contract.

Mr Imoke, who took workplace because the power minister in July 2003, recalled writing a letter dated 3 September 2003 in response to SPCL’s fee inquiry in regards to the Mambilla power contract.

“When I acquired the letter (from SPCL), I requested the file referring to the venture. While reviewing the file, I noticed the extract of the minutes of the FEC assembly and different paperwork.

“I read the deliberations and the directives from the FEC to the then Minister of Power and Steel, which stated that the memo of the defendant (Mr Agunloye) be withdrawn and directed the Minister to invite more proposals with a view to ensuring constructive deliberations and to explore various investment options,” Mr Imoke mentioned, whereas being led in proof by prosecution lawyer Abba Mohammed, a Senior Advocate of Nigeria (SAN).

Following his evaluate, Mr Imoke mentioned, he confirmed that the FEC didn’t approve the contract.

He mentioned he then forwarded his findings to SPCL.

Fielding questions beneath cross-examination by Mr Adedipe, the former governor acknowledged that he didn’t report Mr Agunloye.

Mr Adedipe requested, “As a good citizen of Nigeria, is it not in your place to report an unlawful act?”

But EFCC’s lawyer, Mr Mohammed, objected.

The decide sustained the objection and urged Mr Adedipe to rephrase the query.

He then requested the witness if he had a civic obligation to report an illegal act. Mr Imoke replied within the affirmative.

Mr Adedipe additional requested if Mr Imoke’s report indicated that Mr Agunloye engaged in a felony exercise by awarding the contract.

Again, Mr Mohammed objected. He confused that solely the court docket might make such a discovering.

The decide sustained the objection, asking Mr Adedipe to rephrase the query.

He then requested the witness if he notified the FEC after turning into conscious of the circumstances surrounding the contract.

Mr Imoke answered, “No, I did not.”

Thereafter, Mr Mohammed requested an adjournment to take care of an pressing matter.

The decide granted the request and adjourned the case to 2 November.

Highlight of the case

In December 2023, EFCC declared Mr Agunloye wished over the case.

The following day, Mr Agunloye surrendered to the EFCC for interrogation concerning the failed multi-billion-dollar Mambilla Hydropower venture.

The anti-corruption company later arraigned Mr Agunloye in January 2024 on prices concerning the Mambilla power venture contract.

Following an modification to the unique prices lower than a month later, the EFCC re-arraigned Mr Agunloye on 3 February 2024.

It once more rearraigned him on 18 September 2025, after an extra modification of the fees.

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The EFCC has already offered six prosecution witnesses within the trial.

Mr Agunloye faces seven counts of forgery, receiving gratification, and disobedience to presidential directives, all of which he pleaded not responsible to.

The trial has thrown up rivalry concerning the minutes of the 21 May 2003 Federal Executive Council (FEC) assembly throughout which the then-president was mentioned to have issued the directive concerning the Mambilla power venture that Mr Agunloye is accused of disobeying.

The prosecution earlier tendered the minutes, which originated from the Office of the Secretary to the Government of the Federation (SGF), as an exhibit within the trial.

Umar Babangida, an EFCC investigator who testified within the case because the third prosecution witness, advised the court docket final 12 months that Mr Obasanjo had been interviewed concerning the case.

He additionally cited a November 2023 letter Mr Obasanjo wrote to the incumbent Attorney-General of the Federation’s workplace, indicating his willingness to testify in regards to the controversial Mambilla Hydroelectric Power venture in any arbitration court docket or discussion board every time the necessity arose or ought to his testimony be thought of “necessary in the national interest”.

However, the prosecution has but to verify if Mr Obasanjo will probably be offered as a prosecution witness.

Mr Agunloye filed a swimsuit against the EFCC, alleging abuse of his basic rights.

In March 2024, the Federal High Court in Abuja dismissed the swimsuit.

However, earlier this month, Mr Agunloye gained a libel case against the EFCC over the company’s portrayal of the trial in a publication.

In the case, Judge Peter Kekemeke of the FCT High Court discovered the EFCC chargeable for defaming Mr Agunloye in its publication concerning the former minister’s trial.

The decide awarded N10 million against the EFCC for publishing the libellous article on its social media platforms against Mr Agunloye.