Judge Upholds Fair Hearing Principle, Directs Anti-Graft Agency to Furnish Defence with Summary of Former Cross River Governor’s Evidence Before Trial Continues
By A1NEWS International
ABUJA, Nigeria — July 20, 2026
The High Court of the Federal Capital Territory (FCT), sitting in Apo, Abuja, has ordered the Economic and Financial Crimes Commission (EFCC) to provide the defence team of former Minister of Power, Dr. Olu Agunloye, with the summary of the statement made by former Cross River State Governor Liyel Imoke before he can testify in the ongoing criminal trial relating to the controversial Mambilla Hydroelectric Power Project.
The ruling, delivered on Monday by Justice Jude Onwuegbuzie, reaffirmed the constitutional right of every criminal defendant to adequate disclosure of the prosecution’s evidence and sufficient time to prepare a defence.
The decision came after a legal dispute between the prosecution and defence over compliance with the Administration of Criminal Justice Act (ACJA) and constitutional guarantees of fair hearing.
Defence Rejects “Trial by Ambush”
Proceedings were temporarily halted when the EFCC attempted to present former Governor Liyel Imoke as its sixth prosecution witness.
Lead defence counsel, Adeola Adedipe (SAN), immediately objected, arguing that although Imoke’s name appeared on the prosecution’s witness list, the defence had never been served with the legally required summary of his expected testimony.
According to the defence, proceeding without such disclosure would amount to “trial by ambush” and violate both statutory and constitutional safeguards protecting the accused.
Adedipe cited Section 379(1)(a)(i) and (ii) of the Administration of Criminal Justice Act (ACJA) alongside Section 36(6) of the 1999 Constitution, insisting that every accused person is entitled to receive all materials necessary to prepare an effective defence.
He argued that while the prosecution had supplied additional documentary evidence, it failed to disclose the summary of Imoke’s proposed testimony.
The senior advocate further maintained that exhibits already before the court could not legally replace a witness statement summary as required under Nigerian criminal procedure.
EFCC Maintains It Complied With the Law
Responding, EFCC lead prosecutor Abba Mohammed (SAN) insisted that the anti-corruption agency had fulfilled every legal obligation.
He told the court that Imoke had been listed as one of the prosecution witnesses in the original proof of evidence filed on September 27, 2023, and that the prosecution had recently served the defence with additional documentary evidence.
According to the prosecution, documents already tendered during earlier stages of the trial sufficiently disclosed the substance of Imoke’s expected evidence.
Mohammed further noted that several witnesses contained in the same proof of evidence had already testified without objection.
Judge Sides With Defence on Witness Disclosure
After considering submissions from both parties, Justice Onwuegbuzie ruled that the prosecution must provide the defence with the summary of Imoke’s statement before his testimony could proceed.
The court held that compliance with procedural disclosure requirements is essential to preserving the accused person’s constitutional right to fair hearing.
Justice Onwuegbuzie consequently directed the EFCC to file and serve the witness statement summary on Agunloye’s legal team before the trial resumes.
The matter was thereafter adjourned until October 19, 2026, for continuation of hearing.
Background: Allegations Surrounding the Mambilla Hydroelectric Project
Dr. Olu Agunloye, who served as Minister of Power during the administration of former President Olusegun Obasanjo, is facing prosecution on an amended seven-count charge.
The charges include allegations bordering on:
- Disobedience of presidential directives;
- Criminal conspiracy;
- Forgery;
- Receiving unlawful gratification.
The prosecution alleges that Agunloye received ₦5.212 million in 2019 from Leno Adesanya, promoter of Sunrise Power and Transmission Company Limited, through an intermediary, Jide Abiodun Sotirin, into his Guaranty Trust Bank account.
According to the EFCC, the payment was allegedly connected to the Federal Government’s approval of the Mambilla Hydroelectric Power Project.
The anti-graft agency further accuses Agunloye of disregarding presidential directives during the award process and conspiring to forge official correspondence relating to the proposed 3,960-megawatt Mambilla Hydroelectric Power Station, which was conceived under a Build, Operate and Transfer (BOT) arrangement.
Agunloye has consistently denied all allegations and pleaded not guilty.
Legal Significance of the Ruling
Legal analysts say Monday’s ruling reinforces the judiciary’s commitment to ensuring procedural fairness in criminal prosecutions.
Under Nigeria’s criminal justice framework, prosecutors are required to disclose witness summaries and relevant evidence sufficiently ahead of trial to enable defendants prepare their defence.
Failure to comply with these disclosure obligations can delay proceedings and, in some circumstances, undermine the admissibility or credibility of prosecution evidence.
The court’s directive therefore underscores that adherence to due process remains a cornerstone of criminal justice, regardless of the gravity of the allegations involved.
The Bigger Picture: Mambilla Project Remains Under Legal and Public Scrutiny
The Mambilla Hydroelectric Power Project has remained one of Nigeria’s most controversial infrastructure projects, attracting multiple contractual disputes, arbitration proceedings and corruption investigations spanning more than two decades.
Successive administrations have struggled to move the project beyond the planning stage despite its strategic importance to Nigeria’s electricity generation ambitions.
The ongoing prosecution of former public officials linked to aspects of the project continues to draw national attention as authorities seek accountability over decisions made during its procurement process.
Justice Onwuegbuzie’s ruling does not determine the guilt or innocence of Dr. Olu Agunloye. Rather, it reinforces the principle that criminal trials must be conducted in strict compliance with constitutional safeguards and statutory procedures.
As the case resumes on October 19, attention will focus on whether the EFCC complies with the court’s directive and how the testimony of former Governor Liyel Imoke may influence one of Nigeria’s most closely watched corruption prosecutions involving the long-delayed Mambilla Hydroelectric Power Project.
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