Former Minister of Power and Steel Liyel Imoke appeared as the sixth prosecution witness on Monday in Abuja, stating that the controversial Mambilla Hydroelectric Power contract was granted by his predecessor Olu Agunloye without the endorsement of the [Federal Executive Council (FEC)](https://www.nigeria.gov.ng). He argued that the contract was therefore null and void and required no formal cancellation.
**Key facts**
- The contract, valued at about $6 billion, was awarded in May 2003 to Sunrise Power and Transmission Company Limited (SPTCL).
- Agunloye faces seven charges, including disobedience of a presidential directive, conspiracy, forgery and receipt of gratification exceeding N5 million.
- The Economic and Financial Crimes Commission ([EFCC](http://efcc.gov.ng)) called Imoke as a witness, while Agunloye denied all allegations.
- An arbitration tribunal in Paris recently ruled that Nigeria was not liable, finding the award tainted by bribery.
What was the basis of Imoke’s testimony?
Imoke, who succeeded Agunloye as power minister in July 2003 and served until January 2007, recalled a letter he wrote on 3 September 2003 responding to a payment inquiry from SPTCL. He said the file he reviewed contained minutes of the FEC meeting that expressly instructed the minister to withdraw Agunloye’s memo and to invite fresh proposals. The minister therefore concluded that the contract had never received the required FEC approval.
How did the court respond to cross‑examination?
During cross‑examination by Agunloye’s counsel, Senior Advocate Adeola Adedipe, Imoke affirmed that he had not reported Agunloye’s actions to the FEC, and the judge sustained objections to questions suggesting Imoke’s testimony proved criminal conduct. The judge adjourned the trial to 2 November after EFCC counsel requested a short recess.
What is the status of the Mambilla project?
The proposed 3,960 MW hydroelectric plant at Kakara village, Taraba State, has never been built. The project, originally awarded under President Olusegun Obasanjo’s administration, has been the subject of decades‑long legal battles. In 2023, Obasanjo accused Agunloye of fraudulently awarding the contract, while Agunloye continues to plead not guilty.
Who are the other key players?
The EFCC, Nigeria’s anti‑corruption agency, has already presented six prosecution witnesses. It also alleges that Leno Adesanya, the principal promoter of SPTCL, conspired with Agunloye to falsify a “Build, Operate and Transfer” document. The agency claims Agunloye received over N5 million in gratification from SPTCL and Adesanya.
What recent developments have occurred?
In December 2023, the EFCC declared Agunloye a wanted person; he surrendered the following day and was arraigned in January 2024. Subsequent amendments to the charges led to further arraignments in February 2024 and September 2025. Earlier this month, a Federal High Court dismissed Agunloye’s suit alleging abuse of fundamental rights, while a separate libel case awarded him N10 million against the EFCC for a defamatory publication.
The trial continues to examine the authenticity of the 21 May 2003 FEC minutes and whether former President Obasanjo will be called as a witness. The outcome will determine the legal standing of the Mambilla contract and its implications for Nigeria’s power sector.