The resumed hearing in the long-running Mambilla Hydroelectric Power Project trial took an unexpected turn on Monday, December 1, 2025, as the Economic and Financial Crimes Commission’s (EFCC) lead investigator, Mr. Umar Babangida (PW3), made several significant admissions under cross-examination.

The session, which formed part of PW3’s third day of questioning by Defence Counsel Adeola Adedipe (SAN), focused heavily on former President Olusegun Obasanjo’s correspondence, his role in the 2003 Build-Operate-Transfer (BOT) agreement, and the charges against former Minister of Power and Steel, Dr. Olu Agunloye.

Agunloye is facing an amended seven-count charge for alleged corruption and the purported fraudulent award of the $6 billion Mambilla contract.

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PW3 Confirms Agunloye Submitted Required Memo to Obasanjo in 2003

According to Just News, PW3 confirmed during questioning that Dr. Agunloye wrote to then-President Obasanjo on April 7, 2003, requesting approval to issue a letter to Sunrise Power and Transmission Company.

Obasanjo’s response, which PW3 also confirmed, read:
“No objection. Bring a Memo to the Federal Executive Council, including a comparison with a coal thermal power station.”

When asked whether the former minister complied, PW3 said:
“Yes, he brought the Memo to the council with the comparison.”

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Obasanjo’s Interest in the Case and Vow to Testify

Under further cross-examination, PW3 acknowledged that he had questioned Obasanjo during the EFCC investigation. He stated that the former President did not claim to have any personal issues with Agunloye.

Tension rose when the Defence referenced a letter dated December 27, 2023, in which Obasanjo informed the Attorney General of the Federation (AGF) that he was prepared to testify against Agunloye “anywhere in the world.”

PW3 initially denied knowledge of the letter but, after being ordered by the court to read specific excerpts, confirmed that Obasanjo indeed expressed willingness to testify.

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Witness Admits Obasanjo Misled the Attorney General

A key moment emerged when Defence Counsel Adedipe asked PW3 whether Obasanjo had provided misleading information to the current AGF, Lateef Fagbemi (SAN).

Despite prosecution objections, the court allowed the question.

PW3 then acknowledged that Obasanjo’s letter to the AGF—claiming Agunloye never submitted the required Federal Executive Council memo—was inconsistent with the EFCC’s findings and with the evidence PW3 had earlier tendered in court.

PW3 further admitted that Obasanjo’s account “distorted the facts.”

The Defence argued that this alleged distortion appeared designed to influence the Attorney General’s decision to charge Agunloye.

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PW3 Admits Obasanjo Was Aware of 2003 BOT Contract

Continuing the cross-examination, PW3 confirmed that although he did not personally brief Obasanjo on the BOT contract or its relevance to international arbitration in France, Obasanjo nevertheless responded to EFCC queries about his approvals and the minister’s authority at the time.

When the Defence suggested that PW3 would not have questioned Obasanjo unless he was aware of the contract, PW3 agreed.

The Defence then drew the court’s attention to an exhibit—earlier submitted by the EFCC—in which Obasanjo wrote to the Attorney General claiming he was unaware of the 2003 contract. The Defence described this as another example of the former President “misleading” authorities.

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Court Adjourns Session After Intense Exchanges

Following the heated exchanges, the presiding judge paused the cross-examination to take other matters on the docket. The trial was adjourned to Wednesday, December 3, 2025.