The High Court in Apo, Abuja, on Monday briefly adjourned proceedings in the ongoing trial of Dr. Olu Agunloye, a former Minister of Power accused of accepting bribes connected to the long-disputed Mambilla Hydroelectric Power Project.
The Economic and Financial Crimes Commission (EFCC) is seeking to amend charges in a case that could influence Nigeria’s standing in an international arbitration battle with Sunrise Power Company.
The session began at 9:37 a.m., with the court acknowledging the EFCC’s request to adjust its accusations against Dr. Agunloye, originally alleging that he received N5 million in retroactive bribes in 2019 from Sunrise Power.
The antigraft agency’s move to revise its allegations, now claiming that the bribes were funneled through intermediaries may not be unconnected with the fact that previous testimonies failed to establish evidence of direct payments.
It would be recalled that on 21 October 2024, the prosecution (EFCC) sought to amend its charges that “Agunloye collected (retroactive) bribes, totalling N5m, in three instalments over a period of five months, from Sunrise Power Company between August and December 2019 for a contract awarded in 2003”.
Between 2004 and 2007, the Federal Government of Nigeria under President Olusegun Obasanjo promulgated that electricity power projects should no longer be by BOT contract but by outright procurement contract.
The then President went ahead and secured a huge grant of $16 billion from the Nigeria’s Excess Crude Oil Funds, moved all power projects in Nigeria from the Ministry of Power to the Presidency, and split the Mambilla power project into component parts.
The president then started to re-award the component parts as procurement contracts.
Between 2008 and 2015, the Presidency, under Alhaji Musa Yar’Adua, cancelled the component Mambilla contracts awarded by President Obasanjo and re-awarded the Mambilla Project back to Messrs, Sunrise Power Company.
However, between 2016 and 2019, under General Muhammadu Buhari, the Federal Government again re-awarded the same Mambilla project to yet another contractor.
It is the recurring contract awards and re-awards that led Messrs Sunrise and FGN to the International Arbitration Panel in Paris, France, wherein the Federal Government of Nigeria resorted to an odious criminalisation strategy to evade being penalised for any wrongdoings.
During the Nigerian trial of the former Minister Agunloye, EFCC produced its first prosecution witness in June 2024 who failed during cross examination to establish that Agunloye collected money from Sunrise Power Company as stated in Charges 5, 6 and 7 of the seven Charges levelled against the former Minister.
Subsequent to this demolition of EFCC allegations, the Prosecutor then sought to amend the bribery charges to “receiving bribes from Mr. Jide Sotirin on behalf of Mr Leno Adesanya on behalf of Sunrise Power Company”.
Monday’s brief court session started at 9:37 a.m., with the judge noting that the defense had just received new filings from the prosecution.
The judge adjourned the case to November 14, 2024, when both sides will formally present their positions on the amended charges.
The ruling on this amendment could have far-reaching implications for both the trial and Nigeria’s international liabilities.
The hearing concluded at 9:45 a.m., marking a short yet significant development in one of Nigeria’s most closely watched cases.