Obasanjo willing to testify in Mambilla power contract trial, EFCC witness tells court

Umar Babangida, a witness of the Economic and Financial Crimes Commission (EFCC), says former President Olusegun Obasanjo promised to make himself available to testify in any court regarding the award of the Mambilla power project.

Babangida appeared before Jude Onwuegbuzie of the federal high court in Abuja on Monday in the trial of Olu Agunloye, a former minister of power and steel.

Agunloye is currently facing trial on an amended seven-count charge, bordering on disobeying presidential directives, gratification and forgery.

In the amended charge, EFCC alleged that Agunloye, on May 22, 2003, knowingly disobeyed the directive of the president made at the federal executive council (FEC) meeting of May 21, 2023, by approving a contract with Sunrise Power and Transmission Company Limited (SPTCL) for the construction of the 3,960 MW Mambila hydroelectric power station, an act said to be contrary to section 123 of the penal code.

The prosecution further alleged that the former minister signed a letter addressed to SPTCL conveying the “approval of the Government of the Federal Republic of Nigeria for the construction of the 3,960-megawatt Mambila Hydroelectric Power Station”.

Agunloye was accused of conspiring with Leno Adesanya of Sunrise Power (who is at large) of using a false document in May 2003 to induce the federal government into a contract for the 3,960 MW Mambilla hydroelectric power station, contrary to section 366 and punishable under section 364 of the penal code.

During the cross-examination of the witness by Adeola Adedipe, counsel to Agunloye, Babangida said in November 2023, Obasanjo wrote a letter to the attorney-general of the federation wherein he stated his commitment to testify in the matter in any arbitration court or forum when the need arises in the spirit of national interest.

Asked if Obasanjo has a personal issue with Agunloye, the witness responded that he cannot recollect whether the former president said anything about having personal issues with the defendant.

The EFCC witness said Obasanjo’s responses during the interrogation were based on the questions asked.

“During our interrogation with President Obasanjo, he said he was aware of the contract, but there was no approval; this was clearly documented during the Federal Executive Council meeting,” the witness was quoted as saying in a statement released by Dele Oyewale, EFCC spokesperson.

“He also stated that no contract was awarded to Sunrise Power and Transmission Company during his tenure because there was no approval for the award of such contracts, nor was he aware of the existence of the contract award of May 27, 2003.”

In December 2023, TheCable reported that Obasanjo informed the federal government that he was ready to testify for Nigeria “in any forum” over the disputed Mambilla power contract.

In an interview with TheCable, Obasanjo had challenged Agunloye, who was minister of power at the time, to tell Nigerians where he derived the authority to award a $6 billion contract to Sunrise.

The former president had said that there was no approval for the power contract to Sunrise.

In January 2025, Obasanjo and the late former President Muhammadu Buhari testified in the $2.3 billion arbitration proceedings filed against Nigeria by Sunrise Power at the International Chamber of Commerce (ICC), Paris, France, over an alleged breach of contract by the federal government.

Sunrise Power is in arbitration with Nigeria at the International Chamber of Commerce (ICC), Paris, France, alleging a breach of contract in the Mambilla power project.