The ongoing Mambilla Power Project trial took an unexpected turn on Tuesday as a key EFCC witness struggled to defend the prosecution’s case, sparking laughter in the courtroom and raising fresh questions about the intersection of law, politics, and national development.
The hearing began late. Court was scheduled for 11 a.m. but only got underway at 12:20 p.m. When the case was first called at 12:30 p.m., the EFCC prosecution team and its principal witness, Mr. Umar Babangida (PW3), were absent, forcing proceedings to be delayed until 1:30 p.m.
When cross-examination resumed, the defence, led by Mr. Adeola Adedipe, SAN, zeroed in on the alleged illegality of the 2003 Mambilla contract. PW3 admitted he had recommended prosecution, claiming the contract was awarded without Federal Executive Council (FEC) approval and contrary to directives from then-President Olusegun Obasanjo.
However, when pressed to cite the specific law requiring such approval at the time, the witness faltered. “Witness, please tell this court that law,” asked the defence, prompting a ripple of laughter across the courtroom. Even the judge smiled, adjourning the trial to February 18 for the witness to clarify.
The moment exposed a major flaw in the prosecution’s case: the Infrastructure Concession Regulatory Commission (ICRC) Act, which mandates FEC approval, was only enacted in 2005 — two years after the contract was signed.
The defence also highlighted multiple legal validations spanning four presidential administrations — Obasanjo, Yar’Adua, Jonathan, and Buhari — over the life of the project. PW3 acknowledged awareness of a 2008 legal opinion from then-Attorney General Michael Aondoaka affirming the contract’s legitimacy, a 2012 Federal Government settlement with Sunrise and partners confirming its technical and financial validity, and a 2016 opinion from Attorney General Abubakar Malami echoing Aondoaka’s view, though he dismissed it as a “personal opinion.”
On the financial front, the defence argued the contract structure saved the nation $900 million. While FEC initially proposed up to 25 percent Federal Government equity — potentially costing $1.5 billion — the final contract capped equity at 10 percent ($600 million).
The prosecution objected to some documents, underscoring the high stakes of a trial spanning over six presidencies and nearly two decades. The Mambilla project, begun in 2000, has yet to deliver a single kilowatt of electricity, with no funds committed by the Federal Government, yet billions have been spent on legal fees and arbitration.
As court adjourned, the courtroom drama left observers and the public waiting to see whether the EFCC witness can finally cite a law, and whether the long-mired Mambilla saga will finally pivot towards financial prudence and legal clarity.