EFCC officer testifies ex-minister was directed to rescind memo awarding $6bn project to Sunrise Power; dismisses AGF opinions as irrelevant
The trial of former Minister of Power and Steel, Olu Agunloye, took a pivotal turn on Tuesday as a prosecution witness firmly asserted that the Federal Executive Council (FEC) under former President Olusegun Obasanjo explicitly ordered the minister to withdraw the memo awarding the multi-billion dollar Mambilla Power Project contract to Sunrise Power and Transmission Company Limited.
Umar Hussein Babangida, the third prosecution witness (PW3) and an investigator with the Economic and Financial Crimes Commission (EFCC), gave the testimony before Justice Jude Onwuegbuzie at the Federal High Court in Apo, Abuja.
'Withdraw, Not Reduce'
Under cross-examination by the defence counsel, Adeola Adedipe, SAN, the witness clarified a critical point: the FEC's directive was for Agunloye to completely withdraw the award memo. He stated that the council never instructed the defendant to modify the terms, such as reducing the approval to 10 per cent government equity participation.
Dismissal of Legal Opinions
When questioned by the defence about an opinion letter in “Exhibit EFCC 3s” from former Attorney General of the Federation (AGF), Michael Aondoakaa, SAN, which suggested reviving the contract award to Sunrise Power, the witness dismissed it. He characterized it as simply the personal opinion of the former AGF and not a directive that overrode the FEC's decision.
Similarly, the witness dismissed a legal opinion from another former AGF, Abubakar Malami, SAN, dated May 20, 2016, which supported Aondoakaa's stance on the Mambilla project, as holding no sway over the case at hand.
Courtroom Objections
The defence's attempt to explore the legal landscape further was met with objections from the prosecution. Questions regarding whether the witness was aware of terms of settlement entered in 2012 related to the contract, or if he could cite laws that mandate FEC approval before contract awards, were both successfully challenged by the prosecution counsel, Abba Mohammed, SAN. The court upheld the objections, deeming one line of questioning inadmissible and the other hypothetical.
The case has been adjourned until Wednesday, February 18, 2026.
Background
The Mambilla Power Project, a long-delayed 3,050MW hydroelectric scheme in Taraba State, has been mired in controversy for years. Agunloye is facing trial over allegations of corruption and irregularities in the award of the contract, which has a value of approximately $6 billion. The core of the prosecution's case is that the former minister acted without the proper authority of the FEC.
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