Fresh details emerged on Monday at the Federal Capital Territory High Court in Abuja in the ongoing trial over the controversial $6 billion Mambilla Hydroelectric Power Project, as the Economic and Financial Crimes Commission (EFCC) admitted that critical decisions on the project were made before former Minister of Power, Dr. Olu Agunloye, assumed office.

Court proceedings, which resumed at 9am, were not called until 11am. Justice Jude Onwuegbuzie restricted cross-examination to one hour.

Testifying as the third prosecution witness (PW3), Senior EFCC Investigation Officer, Umar Babangida, made several admissions under cross-examination that appeared to weaken the prosecution’s case against Agunloye.

Babangida told the court that the recommendations leading to the award of the Mambilla contract to Sunrise Power and Transmission Company were based on a Memorandum of Understanding (MoU) signed between Sunrise, its partners and the Federal Government before Agunloye became minister.

He further admitted that former President Olusegun Obasanjo had already approved the key details of the contract prior to Agunloye’s appointment as Minister of Power.

According to the EFCC witness, discussions on government equity participation in the project also predated Agunloye’s tenure. While Sunrise and Agunloye initially proposed 35 per cent government participation, Babangida said Obasanjo approved a maximum of 25 per cent, again before Agunloye took office.

Babangida testified that when Agunloye eventually assumed office, his role was largely administrative.
“When Agunloye became Minister of Power, he took the memo on the Mambilla Hydroelectric Power Project to the Federal Executive Council (FEC) and complied with the President’s specifications,” he said.

He also confirmed that the memo presented by Agunloye received the backing of cabinet members. Although the witness initially claimed he did not understand what “support” meant, the court directed him to read from the EFCC’s own exhibit, which stated that FEC members supported the memo.

The EFCC investigator further disclosed that the Federal Government had already made budgetary provisions for the project before the May 21, 2003 FEC meeting. He said ₦6 billion was appropriated in the 2003 federal budget for preliminary works on the 39-megawatt Mambilla project, structured as a Build, Operate and Transfer (BOT) arrangement.

Under the BOT model, Sunrise Power was expected to raise an estimated $6 billion from private investors to fund the project.

Justice Onwuegbuzie adjourned the matter to Wednesday, January 21, 2026, for the continuation of cross-examination.

Agunloye is currently standing trial on an amended seven-count charge filed by the EFCC, bordering on allegations of official corruption and fraudulent contract award.

During earlier testimony, PW3 also confirmed that Agunloye wrote to President Obasanjo on April 7, 2003, seeking approval to issue a contract letter to Sunrise. Obasanjo reportedly responded:
“No objection. Bring a memo to the Federal Executive Council, including a comparison with a coal thermal power station.”

Babangida acknowledged that Agunloye complied fully with the directive.