Former Minister of Energy and Metal, Liyel Imoke, stated Monday that the arguable Mambilla Hydropower station contract was once awarded by way of his predecessor Olu Agunloye with the approval of the Federal Government Council (FEC).
Mr Imoke stated it was once pointless to officially cancel the contract after he assumed administrative center, for the reason that contract by no means gained the blessing of the FEC within the first position.
The previous Move River State governor was once fielding questions on the Federal Capital Territory (FCT), Abuja, the place he gave the impression because the 6th prosecution witness in Mr Agunloye’s corruption trial.
Mr Imoke succeeded Mr Agunloye as the facility minister in July 2003 and served till January 2007, right through former President Olusegun Obasanjo’s management.
Mr Imoke later changed into the Governor of Move River State in Would possibly 2007 and served in that capability till Would possibly 2015.
The Economic and Financial Crimes Commission (EFCC) referred to as Mr Imoke as its 6th prosecution witness towards Mr Agunloye, who faces seven fees together with disobedience to a presidential directive, conspiracy, forgery and receiving gratification.
The fees stemmed from his roles within the award of the $6 billion Mambilla Hydroelectric Energy contract in Would possibly 2003 to Break of day Energy and Transmission Corporate Restricted (SPTCL). An arbitration panel in Paris, France, lately cleared Nigeria of any legal responsibility in regards to the contract whilst it accused PTCL of fraud in its …..
The venture was once a proposed 3,050 MW hydroelectric facility positioned in Kakara village, Taraba State, which by no means noticed the sunshine of the day.
The prosecution stated Mr Agunloye disobeyed a presidential directive issued in 2003 right through a Federal Government Council assembly in regards to the contract.
It added that Mr Agunloye disobeyed the directive by way of signing a letter addressed to SPTCL, purportedly conveying “the approval of the Govt of the Federal Republic of Nigeria for the development of the three,960 megawatts Mambilla Hydroelectric Energy Station.”
The EFCC additionally accused Mr Agunloye of conspiring with Leno Adesanya, the key prompter of SPTCL who the company indicated was once at huge, to falsify a record titled “Building of three,960MW Mambilla Hydroelectric Energy Station on a Construct, Perform and Switch Foundation” in 2003.
Different allegations come with receiving gratifications of over N5 million from SPTCL and Mr Adesanya.
Mr Agunloye has denied all seven fees.
An arbitration tribunal lately exonerated Nigeria in regards to the contract after discovering that the award of the contract to SPTCL was once tainted by way of bribery.
‘Null and void’
Trial Pass judgement on Jude Onwuegbuzie listened on Monday as Mr Imoke, below cross-examination by way of Mr Agunloye’s defence attorney Adeola Adedipe, a Senior Suggest of Nigeria (SAN), maintained that the Mambilla energy station contract was once null and void within the first position, and required no formal pronouncement for its cancellation.
“A freelance awarded in contravention of the FEC won’t require cancellation,” the flesh presser stated.
“I didn’t cancel the contract for the reason that FEC didn’t approve it, and so it was once null and void. The minister does no longer have the facility to award a freelance.
“It’s null and void so far as the FEC and the presidency didn’t give approval to the award of the contract.”
In a similar fashion, the Mambilla Hydroelectric Energy venture changed into a topic of world worry.
Arguable contract
The venture, first awarded in 2003 to SPTCL by way of the President Olusegun Obasanjo management, is the topic of a long time of a prison dispute. An arbitration tribunal in Paris lately resolved the subject in favour of Nigeria and towards SPTCL, which had accused Nigeria of breach of contract.
Mr Obasanjo, in 2023, accused Mr Agunloye of fraudulently awarding the contract to the corporate with out approval.
On the other hand, the previous minister pushed aside those claims, alleging that he was once getting used as a scapegoat to flee sanctions by way of the arbitration panel in Paris for forsaking contractual agreements at the venture.
The venture, supposed to generate 3,960 megawatts of electrical energy, was once designed to be completed on a construct, function, and switch foundation.
Imoke’s assessment of the contract
On Monday, Mr Imoke went down the reminiscence lane concerning the arguable contract.
Mr Imoke, who took administrative center as the facility minister in July 2003, recalled writing a letter dated 3 September 2003 in accordance with SPCL’s fee inquiry concerning the Mambilla energy contract.
“After I gained the letter (from SPCL), I asked the record in terms of the venture. Whilst reviewing the record, I noticed the extract of the mins of the FEC assembly and different paperwork.
“I learn the deliberations and the directives from the FEC to the then Minister of Energy and Metal, which mentioned that the memo of the defendant (Mr Agunloye) be withdrawn and directed the Minister to ask extra proposals with a purpose to making sure optimistic deliberations and to discover quite a lot of funding choices,” Mr Imoke stated, whilst being led in proof by way of prosecution attorney Abba Mohammed, a Senior Suggest of Nigeria (SAN).
Following his assessment, Mr Imoke stated, he showed that the FEC didn’t approve the contract.
He stated he then forwarded his findings to SPCL.
Fielding questions below cross-examination by way of Mr Adedipe, the previous governor mentioned that he didn’t document Mr Agunloye.
Mr Adedipe requested, “As a excellent citizen of Nigeria, is it no longer for your position to document an illegal act?”
However EFCC’s attorney, Mr Mohammed, objected.
The pass judgement on sustained the objection and advised Mr Adedipe to rephrase the query.
He then requested the witness if he had a civic responsibility to document an illegal act. Mr Imoke responded within the affirmative.
Mr Adedipe additional requested if Mr Imoke’s document indicated that Mr Agunloye engaged in a criminality by way of awarding the contract.
Once more, Mr Mohammed objected. He stressed out that simplest the court docket may make the sort of discovering.
The pass judgement on sustained the objection, asking Mr Adedipe to rephrase the query.
He then requested the witness if he notified the FEC after changing into conscious about the cases surrounding the contract.
Mr Imoke responded, “No, I didn’t.”
Thereafter, Mr Mohammed asked an adjournment to wait to an pressing subject.
The pass judgement on granted the request and adjourned the case to two November.
Spotlight of the case
In December 2023, EFCC declared Mr Agunloye sought after over the case.
The next day to come, Mr Agunloye surrendered to the EFCC for interrogation in regards to the failed multi-billion-dollar Mambilla Hydropower venture.
The anti-corruption company later arraigned Mr Agunloye in January 2024 on fees in regards to the Mambilla energy venture contract.
Following an modification to the unique fees lower than a month later, the EFCC re-arraigned Mr Agunloye on 3 February 2024.
It once more rearraigned him on 18 September 2025, after an additional modification of the costs.
READ ALSO: Mambilla: How PREMIUM TIMES investigation helped Nigeria defeat Leno Adesanya at Paris Tribunal
The EFCC has already offered six prosecution witnesses within the trial.
Mr Agunloye faces seven counts of forgery, receiving gratification, and disobedience to presidential directives, all of which he pleaded no longer in charge to.
The trial has thrown up rivalry in regards to the mins of the 21 Would possibly 2003 Federal Government Council (FEC) assembly right through which the then-president was once stated to have issued the directive in regards to the Mambilla energy venture that Mr Agunloye is accused of disobeying.
The prosecution previous tendered the mins, which originated from the Place of work of the Secretary to the Govt of the Federation (SGF), as an showcase within the trial.
Umar Babangida, an EFCC investigator who testified within the case because the 3rd prosecution witness, instructed the court docket final 12 months that Mr Obasanjo were interviewed in regards to the case.
He additionally cited a November 2023 letter Mr Obasanjo wrote to the incumbent Legal professional-Basic of the Federation’s administrative center, indicating his willingness to testify concerning the arguable Mambilla Hydroelectric Energy venture in any arbitration court docket or discussion board every time the will arose or must his testimony be thought to be “essential within the nationwide passion”.
On the other hand, the prosecution has but to substantiate if Mr Obasanjo might be offered as a prosecution witness.
Mr Agunloye filed a swimsuit towards the EFCC, alleging abuse of his basic rights.
In March 2024, the Federal Top Courtroom in Abuja pushed aside the swimsuit.
On the other hand, previous this month, Mr Agunloye received a libel case towards the EFCC over the company’s portrayal of the trial in a e-newsletter.
Within the case, Pass judgement on Peter Kekemeke of the FCT Top Courtroom discovered the EFCC chargeable for defaming Mr Agunloye in its e-newsletter in regards to the former minister’s trial.
The pass judgement on awarded N10 million towards the EFCC for publishing the libellous article on its social media platforms towards Mr Agunloye.
Uncover extra from Top class Instances Nigeria
Subscribe to get the most recent posts despatched in your e mail.