The Economic and Financial Crimes Commission (EFCC) is preparing to present former Cross River State Governor, Liyel Imoke, as a prosecution witness in the ongoing corruption trial of former Minister of Power and Steel, Olu Agunloye, over the controversial 2003 Mambilla Hydropower Project contract.
Although Mr Imoke appeared before the Federal High Court in Abuja on Monday to testify, his evidence was postponed after the defence successfully argued that they had not been served with the summary of his witness statement, a requirement under Nigerian law. The court subsequently adjourned proceedings to allow the prosecution to comply with the legal process.
Court Postpones Imoke’s Testimony Over Procedural Objection
The Federal High Court in Abuja has postponed the testimony of former Cross River State Governor Liyel Imoke in the corruption trial involving former Minister of Power and Steel, Olu Agunloye, after the defence challenged the prosecution’s failure to provide a summary of the witness’s statement.
Mr Imoke was expected to testify as the sixth prosecution witness for the Economic and Financial Crimes Commission (EFCC), but proceedings were halted following objections raised by Agunloye’s legal team.
Justice Jude Onwuegbuzie ruled that the prosecution must first serve the defence with the required witness statement summary before Mr Imoke can take the stand.
Why EFCC Wants Imoke To Testify
Mr Imoke succeeded Mr Agunloye as Minister of Power in July 2003, serving until January 2007 during the administration of former President Olusegun Obasanjo.
He later served as Governor of Cross River State between May 2007 and May 2015.
The EFCC listed him as one of its witnesses in the case against Mr Agunloye, who is facing seven criminal charges, including:
- Disobedience to a presidential directive
- Conspiracy
- Forgery
- Receiving gratification
The charges relate to the controversial $6 billion Mambilla Hydropower Project contract awarded in May 2003 to Sunrise Power and Transmission Company Limited.
EFCC’s Allegations Against Olu Agunloye
According to the anti-graft agency, Mr Agunloye allegedly ignored a presidential directive issued during a Federal Executive Council (FEC) meeting in 2003 by approving the Mambilla Hydropower contract.
The prosecution alleges that he signed a letter conveying government approval for the construction of the 3,960-megawatt Mambilla Hydroelectric Power Station despite the directive.
The EFCC further accused him of conspiring with Leno Adesanya, who is currently at large, to forge documents relating to the project.
The commission also alleged that the former minister received gratuities exceeding ₦5 million from Sunrise Power and Mr Adesanya.
Mr Agunloye has pleaded not guilty to all seven counts.
Defence Challenges Imoke’s Testimony
During Monday’s proceedings, EFCC lead counsel Abba Muhammed (SAN) informed the court that the prosecution had filed additional documentary evidence and was ready to proceed with its next witness.
However, defence counsel Adeola Adedipe (SAN) objected, arguing that the prosecution had failed to comply with Section 379(1)(a)(i)(ii) of the Administration of Criminal Justice Act (ACJA), 2021, and Section 36(6) of the Nigerian Constitution.
He maintained that the defence had not received the summary of Mr Imoke’s proposed testimony, making it impossible to adequately prepare for cross-examination.
According to him, introducing Mr Imoke without prior disclosure amounted to an attempt to ambush the defence.
EFCC Defends Its Position
Responding to the objection, EFCC counsel argued that the prosecution had already complied with the law.
Mr Muhammed told the court that Mr Imoke’s name had been listed among prosecution witnesses in the original proof of evidence filed on 27 September 2023, together with a summary of the expected testimony.
He also argued that documents tendered earlier in the proceedings already contained the necessary information.
Court Orders EFCC To Serve Witness Statement
After considering arguments from both parties, Justice Onwuegbuzie ruled that the prosecution must formally provide the defence with the summary of Mr Imoke’s statement.
The judge directed the EFCC to file and serve the document before further proceedings.
The matter was subsequently adjourned until 19 October.
Background of the Case
The EFCC has re-arraigned Mr Agunloye multiple times following amendments to the charges.
The former minister was first arraigned in January 2024, before subsequent amendments led to fresh arraignments in February 2024, September 2025, and again under the latest amended charge.
So far, the prosecution has presented six witnesses.
A major point of contention in the trial remains the minutes of the 21 May 2003 Federal Executive Council meeting, during which former President Olusegun Obasanjo was said to have issued directives concerning the Mambilla project.
The prosecution previously tendered the FEC minutes as evidence.
An EFCC investigator also told the court that Mr Obasanjo had been interviewed regarding the case and referenced a November 2023 letter in which the former president indicated his willingness to testify if required in the national interest.
However, the EFCC has yet to confirm whether Mr Obasanjo will eventually appear as a prosecution witness.
Agunloye’s Legal Battles Continue
The former minister has also challenged aspects of the EFCC’s actions outside the criminal trial.
After being declared wanted by the anti-graft agency in December 2023, Mr Agunloye voluntarily surrendered for questioning over the Mambilla project.
He later sued the EFCC over alleged violations of his fundamental rights, but the Federal High Court dismissed the case in March 2024.
Earlier this month, however, Mr Agunloye secured a legal victory after the FCT High Court ruled that the EFCC defamed him through one of its publications regarding the ongoing trial.
Justice Peter Kekemeke held that “EFCC failed to prove the truth in the said publication,” describing the agency’s report as unfair and based on a “sensational headline.”
The court awarded ₦10 million in damages against the EFCC, although the commission has since appealed the judgement.
The Controversial Mambilla Hydropower Project
The Mambilla Hydropower Project was originally awarded in 2003 to Sunrise Power and Transmission Limited under the administration of former President Olusegun Obasanjo.
The project, designed to generate 3,960 megawatts of electricity under a Build, Operate and Transfer (BOT) arrangement, has remained stalled for more than two decades.
In 2023, Mr Obasanjo accused Mr Agunloye of fraudulently awarding the contract without presidential approval.
The former minister rejected the allegation, insisting he was being unfairly blamed for broader government decisions surrounding the project and its eventual abandonment.
Discover more from LN247
Subscribe to get the latest posts sent to your email.
