The trial of former Minister of Power and Steel, Olu Agunloye, over the alleged $6 billion Mambilla Power Project fraud continued on Tuesday before Justice Jude Onwuegbuzie of the Federal High Court, Apo, Abuja, with a prosecution witness stating that the Federal Executive Council (FEC) directed the withdrawal of the contract award memo.
The third prosecution witness (PW3), Umar Hussein Babangida, an operative of the Economic and Financial Crimes Commission, told the court under cross-examination that FEC, under former President Olusegun Obasanjo, did not approve any reduction of government equity to 10 per cent but instead instructed the defendant to withdraw the memo awarding the Mambilla Power Project contract to Sunrise Power Transmission Company Limited.
“FEC never asked the defendant to reduce the approval to 10 per cent government equity participation,” Babangida said. “Rather, he was directed to withdraw the memo of award.”
Agunloye is facing charges in connection with the award of the Mambilla Hydro Electric Power Project contract to Sunrise Power Transmission Company Limited, allegedly without proper approval.
During the proceedings, defence counsel Adeola Adedipe, SAN, asked the witness whether he had come across a legal opinion contained in “Exhibit EFCC 3s”, authored by former Attorney General of the Federation, Michael Aondoakaa, advising the Federal Government on reviving the contract due to its legal implications.
In response, Babangida dismissed the document, describing it as merely “the opinion of the former Attorney General of the Federation.”
He similarly downplayed another legal opinion issued by former Attorney General, Abubakar Malami, in a letter dated May 20, 2016, to then President Muhammadu Buhari, which reportedly supported Aondoakaa’s position on the Mambilla project.
When asked whether he was aware that terms of settlement were entered into in 2012 concerning the contract award to Sunshine Power Transmission Ltd between the Minister of Power, the Attorney General of the Federation and two others, the question was objected to by prosecution counsel Abba Mohammed, SAN.
The court upheld the objection and overruled the line of questioning.
The prosecution also objected when the defence asked the witness about laws governing the privatisation of the power supply chain and whether any law mandates federal agencies to obtain FEC approval before awarding contracts.
Abba Mohammed, SAN, described the question as “hypothetical, not factual and in the realm of speculation,” adding that it violated Section 128 of the Evidence Act.
“This report does not make reference to any law,” he argued. “The witness should not be made to quote laws.”
Justice Onwuegbuzie subsequently adjourned the matter to Wednesday, February 18, 2026, for continuation of the trial.
Eze Chidiebere Paul
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