Court proceedings resumed at 9am on Monday.but the matter was not called until 11am.
Fresh revelations emerged on Monday at the Federal Capital Territory High Court, Abuja, in the ongoing trial linked to the controversial Mambilla Hydroelectric Power Project, as a senior Economic and Financial Crimes Commission (EFCC) investigator testified that major decisions on the contract were taken long before former Minister of Power, Olu Agunloye, assumed office.
Court proceedings resumed at 9am on Monday.but the matter was not called until 11am.
Justice Jude Onwuegbuzie limited cross-examination to one hour.
During the session, Senior EFCC Investigation Officer, Mr. Umar Babangida, who testified as the third prosecution witness (PW3), made admissions under cross-examination that appeared to undercut key aspects of the prosecution’s case.
Before the court, Babangida admitted that “the recommendations upon which the Mambilla contract was awarded to Sunrise was based on the MOU signed by Sunrise and its Partners and FGN before Agunloye was appointed Minister.”
He further told the court that “President Obasanjo had approved the details of the Mambilla Contract to Sunrise Company before Agunloye was appointed Minister of Power.”
PW3 also confirmed that discussions on government equity participation in the project predated Agunloye’s tenure, stating that the former minister and Sunrise initially proposed “35% Government participation,” but that President Olusegun Obasanjo approved “not more than 25%,” again before Agunloye became Minister of Power.
According to the EFCC witness, when Agunloye eventually assumed office, his role was limited to transmitting already agreed terms to the Federal Executive Council (FEC). Babangida admitted that “when Agunloye became Minister of Power, he took the Memo on Mambilla Hydroelectric Power Contract to the Federal Executive Council (FEC) and complied with the President’s specifications.”
He further acknowledged that the memo presented to FEC enjoyed backing from cabinet members. Although PW3 initially claimed, “I dont know what ‘support’ means,” the court directed him to read from the “Executive Conclusions” document tendered by the EFCC as Exhibit E3. He then read aloud that “members of FEC supported the Memo.”
Babangida also disclosed that the Federal Government had already made financial provisions for the project before the May 21, 2003 FEC meeting at which Agunloye presented the memo. He told the court that “prior to the FEC meeting of 21/05/03 during which Agunloye presented the Mambilla Memo, FGN had already appropriated a sum of N6 billion in the 2003 FGN Budget for the take-off of preliminary works in readiness of the construction of the 39 Megawatt Mambilla Hydroelectric Power Project as a Build, Operate and Transfer (BOT) contract.”
He added that under the arrangement, Sunrise Company was expected to “source and provide funds estimated as $6 billion from private investors.”
The court adjourned proceedings at 12:05pm, with Justice Onwuegbuzie fixing Wednesday, January 21, 2026, at 1pm for the continuation of cross-examination.
Recall that the Economic and Financial Crimes Commission’s (EFCC) lead investigator, Mr. Umar Babangida (PW3), earlier made a series of key admissions under cross-examination.
The exchanges revealed contradictions in former President Olusegun Obasanjo’s communications regarding the 2003 Build-Operate-Transfer (BOT) contract and the role of former Minister of Power and Steel, Dr. Olu Agunloye.
Agunloye is standing trial on an amended seven-count charge filed by the EFCC, accusing him of official corruption and the fraudulent award of the Mambilla Hydroelectric Power Project contract, estimated at $6 billion.
The session formed part of PW3’s third day of cross-examination by Defence Counsel Adeola Adedipe (SAN), and quickly evolved into a detailed probing of Obasanjo’s involvement and written statements on the controversial project.
According to a report, during questioning, PW3 confirmed that Agunloye wrote a letter dated April 7, 2003 to then-President Obasanjo seeking approval to issue a letter to Sunrise Power and Transmission Company for the Mambilla project.
He also acknowledged that Obasanjo responded with: “No objection. Bring a Memo to the Federal Executive Council, including a comparison with a coal thermal power station.”
When asked by the Defence whether Agunloye complied with this directive, PW3 told the court, “Yes, he brought the Memo to the council with the comparison.”