Alleged $6Billion Mambilla Power Fraud: Witness Admits Knowledge Of Legal Opinions Supporting Ex-minister’s Contract
Alleged $6Billion Mambilla Power Fraud: Witness Admits Knowledge Of Legal Opinions Supporting Ex-minister’s Contract
The EFCC lawyer urged the court to compel the defence to conclude questioning swiftly.
The trial of former Minister of Power and Steel, Olu Agunloye, over the controversial Mambilla Power Project contract, resumed on Tuesday with dramatic exchanges between defence and prosecution teams.
Although the court was scheduled to sit at 11:00 a.m., proceedings did not begin until 12:20 p.m. When the case was first called at 12:30 p.m., both the prosecution team and the EFCC’s principal witness, Umar Hussein Babangida (PW3), were absent, prompting the court to stand down the matter.
At 1:30 p.m., the case was recalled, and cross-examination of PW3 resumed. The EFCC lawyer urged the court to compel the defence to conclude questioning swiftly.
Defence counsel, Adeola Adedipe, SAN, however, pressed ahead with a series of probing questions, sparking multiple objections from the prosecution. Several objections were overruled by Justice Jude Onwuegbuzie, allowing the defence to establish key points.
Key Revelations During Cross-Examination
PW3 acknowledged that then-President Olusegun Obasanjo and the Federal Executive Council (FEC) had suggested government equity participation in the Mambilla project at 25% or less (about $1.5 billion).
The defence highlighted that Agunloye awarded the contract in 2003 with only 10% government equity ($600 million), saving the government approximately $900 million.
Meanwhile, PW3 initially denied awareness of a 2008 legal opinion by former Attorney General Michael Aondoakaa, SAN, affirming the validity of the contract. However, confronted with his own investigation report (Exhibit 3X), he admitted referencing the opinion, though he stressed it was not his personal view.
PW3 denied any intent to mislead the court when he first claimed ignorance of the opinion. He said he could not recall encountering a 2016 legal opinion by another former AGF, Abubakar Malami, SAN, which also supported the contract’s validity.
PW3 remarked that he was “not surprised” both AGFs supported the contract, describing their positions as “personal opinions.”
He admitted awareness of a 2012 settlement between the Federal Government and Sunrise Power Transmission Company, which recognised the 2003 contract as properly awarded based on technical and financial competence.
The prosecution objected to further questioning on the 2012 settlement, arguing the document was not before the court.
PW3 confirmed that FEC conclusions from 2003, tendered as exhibits, did not detail privatisation laws but anticipated future legislation.
He admitted ignorance of the 2005 ICRC Act, which requires FEC approval for contract awards. PW3 stated that he recommended charges against Agunloye for awarding the contract “without FEC approval and contrary to directives of President Obasanjo.”
He insisted there was a law requiring FEC approval in 2003, prompting laughter in court when asked to identify the specific law.
Courtroom Drama
The atmosphere grew tense when PW3 claimed knowledge of a law mandating FEC approval in 2003 but failed to cite it. The defence pressed him to name the law, and Justice Onwuegbuzie intervened, saying: “He will do that tomorrow. Let’s adjourn now till 12 noon, 18 February 2026.”
The court then adjourned proceedings.
