Former President, Olusegun Obasanjo
Fresh testimony at the Federal Capital Territory High Court on Monday suggested that former Minister of Power, Dr. Olu Agunloye, acted strictly within the scope of presidential directives in handling the controversial Mambilla Hydroelectric Power Project, rather than pursuing any personal or independent agenda.
The disclosure was made during the resumed trial of Agunloye, as Senior EFCC Investigation Officer Mr. Umar Babangida (PW3) testified before Justice Jude Onwuegbuzie during a court-restricted one-hour cross-examination.
PW3 told the court that the recommendations leading to the award of the Mambilla contract to Sunrise Power were based on agreements reached before Agunloye was appointed minister, including a memorandum of understanding signed by Sunrise, its partners, and the Federal Government. According to the witness, President Olusegun Obasanjo had already approved key aspects of the project, including capping government equity participation at 25 per cent, prior to Agunloye’s appointment.
The witness further explained that upon assuming office, Agunloye merely presented the Mambilla memo to the Federal Executive Council (FEC) in accordance with the President’s instructions. PW3 initially appeared uncertain about whether the memo enjoyed FEC backing, but upon being directed by the court to read from EFCC Exhibit E3, he confirmed that FEC members supported the memo.
PW3 also revealed that N6 billion had already been appropriated in the 2003 Federal Government budget for preliminary work on the project. He explained that the Mambilla project was structured as a Build-Operate-Transfer (BOT) arrangement, under which Sunrise Power was expected to source about $6 billion in private funding, with minimal financial exposure to the Federal Government.
The testimony reinforced the defence position that Agunloye did not originate or alter the project framework, but rather executed instructions already approved at the highest levels of government. The witness’s account also underscored the institutional nature of the decision-making process, involving the Presidency, FEC, and budgetary authorities.
Agunloye, who has consistently denied any wrongdoing, is facing charges related to the alleged unlawful award of the Mambilla contract. His legal team maintains that the prosecution has failed to establish personal discretion or abuse of office, insisting that his actions were consistent with existing policy directives.
The court adjourned at 12:05 pm, with cross-examination scheduled to continue on Wednesday, January 21, 2026. As proceedings continue, the case increasingly centres on whether implementing presidential directives can reasonably be construed as criminal conduct under Nigeria’s public service framework.