The prosecution of the high-profile Mambilla Hydroelectric Power Project case suffered a major setback on Monday after the Federal Capital Territory (FCT) High Court refused to allow the Economic and Financial Crimes Commission (EFCC) proceed with its case, citing procedural deficiencies that forced another three-month delay in the long-running trial.
The court halted proceedings after the defence successfully challenged the EFCC’s last-minute filing of fresh evidence and its attempt to present a key prosecution witness without first complying with mandatory procedural requirements.
The development came after lead prosecution counsel, Abba Mohammed, SAN, disclosed that the EFCC had filed an 11th proof of evidence on the morning of the hearing and served it on the defence shortly before the case was called.
The fresh evidence was a 2003 letter allegedly written by Sunrise Power and Transmission Company to the then Minister of Power, Chief Liyel Imoke, requesting the commencement of the Mambilla Hydroelectric Power Project.
The prosecution immediately sought to call Imoke as its sixth witness.
However, defence counsel, Adeola Adedipe, SAN, strongly objected, insisting the EFCC had failed to comply with the law.
“My Lord, the prosecution is not ready for this case,” Adedipe submitted.
He argued that serving fresh evidence on the day of hearing and attempting to call a witness without first filing and serving the required summary of the witness’s testimony amounted to trial by ambush and violated the defendants’ right to fair hearing.
According to the defence, the prosecution merely filed a list of exhibits instead of the witness synopsis required by law, rendering its application procedurally defective.
Although the EFCC argued that Imoke had been listed as a prosecution witness since September 2023 and therefore required no additional notice, the court declined to proceed with the hearing.
The trial judge upheld the defence’s objection and directed the prosecution to regularise its processes before continuing with the case.
The court consequently adjourned the matter until October 19, 2026, with additional hearing dates fixed for November 2, 4, 9 and 11, 2026.
The ruling represents another setback for the EFCC’s prosecution in one of Nigeria’s most closely watched criminal cases, as procedural lapses—not the merits of the case—have once again stalled proceedings, prolonging litigation over the controversial multi-billion-dollar Mambilla Hydroelectric Power Project.