Former Power Minister Liyel Imoke identifies differences in two EFCC-tendered documents relating to the May 21, 2003 Federal Executive Council resolution, as defence counsel challenges his testimony over the disputed Mambilla hydroelectric project contract.
By A1 News International
ABUJA, Nigeria – November 11, 2026
Former Minister of Power, Senator Liyel Imoke, on Wednesday acknowledged differences in two documents tendered by the Economic and Financial Crimes Commission (EFCC) as exhibits in the ongoing trial of former Minister of Power and Steel, Dr Olu Agunloye, over the controversial Mambilla Hydroelectric Power Project contract.
Imoke, who testified as the sixth prosecution witness (PW6), made the admission during cross-examination by Agunloye’s defence counsel, Adeola Adedipe, SAN, before the High Court of the Federal Capital Territory (FCT), sitting in Apo, Abuja.
The courtroom exchanges centred on two documents relating to the Federal Executive Council (FEC) meeting of May 21, 2003, particularly their paragraph numbering, sub-paragraphs and pagination.
The proceedings also revisited the question of whether the FEC formally approved the award of the Mambilla power project contract and when the Council’s conclusions were subsequently adopted.
BACKGROUND: THE MAMBILLA PROJECT CONTROVERSY
Agunloye, who served as Minister of Power and Steel under former President Olusegun Obasanjo, is standing trial over allegations connected with the award of the 3,960-megawatt Mambilla Hydroelectric Power Project in Taraba State.
The EFCC is prosecuting him on behalf of the Federal Government before Justice Jude Onwuegbuzie on an amended seven-count charge bordering on alleged disobedience of presidential directives, conspiracy, forgery and receiving gratification.
The prosecution alleges that Agunloye disobeyed a presidential directive concerning the award of the project contract and conspired with Leno Adesanya of Sunrise Power and Transmission Company Limited (SPTCL) to forge a letter titled Construction of 3,960MW Mambilla Hydroelectric Power Station on a Build, Operate and Transfer Basis.
The commission further alleges that Agunloye received N5.212 million as gratification from Adesanya in 2019 through Jude Abiodun Sotirin, into his Guaranty Trust Bank (GTBank) account, in connection with the Federal Government’s approval of the project.
Agunloye has denied the allegations and pleaded not guilty to the charges.
DEFENCE QUESTIONS DIFFERENCES IN EFCC DOCUMENTS
During Wednesday’s proceedings, Adedipe confronted Imoke with two prosecution exhibits identified as EFCC 3D and EFCC 3K.
Exhibit EFCC 3D was identified as an extract of the minutes of the Federal Executive Council meeting of May 21, 2003, while Exhibit EFCC 3K was a letter from the Ministry of Power forwarding the FEC’s conclusions from the same meeting.
The defence asked the witness to compare the two documents and establish whether they were identical in form and substance.
Imoke initially answered in the affirmative.
However, when asked to identify specific paragraphs and compare their contents, the former minister acknowledged differences between the documents.
He told the court that Paragraph 14 appeared on page 19 of Exhibit EFCC 3D, while the corresponding paragraph in Exhibit EFCC 3K did not carry a page number.
The witness also confirmed that Paragraph 13, containing sub-paragraphs 1–5, appeared in Exhibit EFCC 3D but was absent from Exhibit EFCC 3K.
Asked to confirm whether Exhibit EFCC 3K contained the same Paragraph 13 and its five sub-paragraphs, Imoke responded:
“No, my lord.”
He further acknowledged that while Paragraph 15, containing two sub-paragraphs, appeared on page 21 of Exhibit EFCC 3D, the corresponding provision was absent from Exhibit EFCC 3K.
The exchanges brought into focus differences in the structure and presentation of the two documents, although the witness had earlier affirmed that they were the same in form and substance.
IMOKE REVISITS HIS SEPTEMBER 2003 LETTER TO SUNRISE POWER
The defence also questioned Imoke about a letter dated September 3, 2003, which he authored as Minister of Power and addressed to Sunrise Power and Transmission Company Limited.
The letter, attached to Exhibit EFCC 3G as Annexure C, was presented during the proceedings.
Explaining the contents of the correspondence, Imoke maintained that he had informed the company that the award of the Mambilla contract was invalid because the Federal Executive Council had not approved it.
According to him, his position was based on the conclusion of the FEC meeting of May 21, 2003.
“I stated that the award of the contract was not valid. For the record, the Federal Executive Council did not approve the award. That was what I stated in my letter,” the witness told the court.
His testimony reinforced the prosecution’s reliance on the 2003 FEC proceedings and related correspondence in establishing the circumstances surrounding the disputed contract award.
WITNESS CLARIFIES PARTICIPATION IN FEC MEETING
Another significant issue during the cross-examination concerned Imoke’s participation in the Federal Executive Council meeting at which the conclusions of the May 21, 2003 meeting were adopted.
Earlier in his testimony, the former governor had stated that he did not participate in the FEC proceedings during which the May 21 conclusions were adopted, explaining that he was not yet a minister at the time.
However, when pressed further by the defence, Imoke recalled participating in a subsequent FEC meeting where the minutes of the earlier meeting were adopted.
He told the court that he was sworn in as Minister of Power on July 15, 2003, and subsequently participated in the 17th FEC meeting, where the minutes of the 16th meeting were adopted.
“My lord, I recall. But as I earlier mentioned, I was sworn in as a minister on 15th July, 2003, and I participated in the FEC meeting, I think the 17th FEC meeting where the minute of the 16th FEC meeting was adopted,” he said.
However, Imoke disclosed that the proceedings of the 17th FEC meeting were not among the documents tendered by the prosecution before the court.
“My lord, the proceedings of the 17th FEC meeting were not in the exhibits file,” he added.
The witness had earlier told the court that his examination of the prosecution’s exhibits did not reveal any Council conclusion formally adopting the resolution of the May 21, 2003 FEC meeting.
He had explained that he could not have participated in the original meeting because he was not sworn in as minister until July 15, 2003.
IMOKE SAYS HE DOES NOT RECALL BABALOLA’S LETTER
The defence also questioned the witness about his knowledge of renowned legal practitioner, Chief Afe Babalola, SAN, and his relationship with former President Olusegun Obasanjo.
Imoke confirmed that he knew Babalola but said he was not familiar with the nature of the relationship between the senior lawyer and the former president.
He also said he could not recall whether Babalola had written to him in his capacity as Minister of Power concerning the Mambilla project.
The defence had raised the issue in connection with the circumstances surrounding the contract award and the legal position reportedly communicated to the relevant authorities.
COURT ADJOURNS PROCEEDINGS
Following the conclusion of the defence’s cross-examination of Imoke, Justice Jude Onwuegbuzie adjourned the matter until November 19, 2026, for re-examination of the witness by the prosecuting counsel, Abba Mohammed, SAN.
The forthcoming proceedings are expected to provide the prosecution with an opportunity to clarify issues raised during the defence’s questioning.
Wednesday’s proceedings placed renewed attention on the documentary evidence surrounding the Mambilla Hydroelectric Power Project contract, particularly the relationship between the two EFCC exhibits relating to the May 21, 2003 Federal Executive Council meeting.
The differences identified by Imoke concerning paragraph numbering, sub-paragraphs and pagination, alongside his clarification about subsequent FEC proceedings, formed significant parts of the defence’s cross-examination.
However, the legal significance of the differences and their implications for the prosecution’s case remain matters for the court to determine as the trial continues.
Agunloye maintains his not-guilty plea, while the prosecution continues to present its case before the FCT High Court.
TIMELINE OF KEY EVENTS
May 21, 2003: Federal Executive Council meeting whose conclusions form a central part of the dispute surrounding the Mambilla project.
July 15, 2003: Liyel Imoke was sworn in as Minister of Power.
September 3, 2003: Imoke authored a letter to Sunrise Power and Transmission Company Limited questioning the validity of the contract award.
2019: The EFCC alleges that Agunloye received N5.212 million in gratification through an intermediary.
November 11, 2026: Imoke identifies differences between two EFCC exhibits during cross-examination in Abuja.
November 19, 2026: Date fixed for the prosecution’s re-examination of the witness.
Leave a Reply