Former Cross River State Governor, Liyel Imoke, has told the Federal Capital Territory High Court in Abuja that the award of the $6 billion Mambilla hydropower project contract to Sunrise Power Transmission Company Limited was invalid.
Imoke, the sixth prosecution witness in the trial of former Minister of Power, Olu Agunloye, maintained that the Federal Executive Council (FEC) did not approve the contract award.
The Economic and Financial Crimes Commission (EFCC), in a statement posted on its official X account, said Imoke gave the testimony on Wednesday during proceedings before Justice Jude Onwuegbuzie.
Agunloye is facing an amended seven-count charge bordering on alleged corruption and fraudulent award of the Mambilla project contract to Sunrise Power Transmission Company Limited while he served as Minister of Power and Steel between 2002 and 2003.
During cross-examination by defence counsel, Adeola Adedipe, SAN, Imoke clarified that he was sworn in on July 15, 2003, and not August as earlier stated.
He told the court that he participated in the July 2003 FEC meeting where the minutes of the May 21, 2003 meeting were adopted.
“My Lord, as I mentioned at the beginning of today’s proceedings, that I was sworn in on 15th July, 2003, not August as earlier mentioned. When I checked my records, I saw that I participated in the FEC meeting of July, 2003 where the minutes of the 16th FEC meeting of May 21, 2003 was adopted, and that proceedings of the 17th FEC meeting are not part of this exhibit file here,” he said.
Explaining the difference between extracts of FEC meetings and the full conclusions, Imoke said extracts were usually sent to the relevant ministries, while the full council conclusions were kept or distributed to offices under the Office of the Secretary to the Government of the Federation.
The witness was also shown exhibits EFCC 3K and EFCC 3D, comprising letters from the Ministry of Power forwarding the FEC meeting conclusions and extracts, respectively.
He told the court that both documents were the same in substance and form.
When asked whether he had proposed during his tenure as minister that contracts should be awarded on a build, operate and transfer basis or through outright purchase, Imoke said he could not recall.
At the close of cross-examination, prosecution counsel, Abba Mohammed, SAN, sought an adjournment to address issues raised during the proceedings.
Justice Onwuegbuzie adjourned the case until November 19, 2026, for re-examination.
