The defence team of former Minister of Power, Dr Olu Agunloye, has asked the Attorney-General of the Federation to consider discontinuing his trial over the Mambilla power project following a September ruling by an international arbitration tribunal in Paris.
At the resumed hearing of the case at the FCT High Court on Monday, defence counsel Adeola Adedipe, SAN, told Justice Jude Onwuegbuzie that he had written to the Attorney-General, citing Paragraph 1107 of the tribunal’s 616-page ruling, which specifically addresses Agunloye.
Adedipe urged the court to allow two weeks for the Attorney-General to respond to his request. However, the judge opted to hear the prosecution’s sixth witness, former Minister of Power Liyel Imoke, who was already present in court.
The International Chamber of Commerce (ICC) tribunal delivered its ruling on September 17, 2026, in the arbitration brought by Sunrise Power and Transmission Company over the Mambilla hydroelectric power project.
During his examination-in-chief, Imoke told the court that he served as Minister of Power from 2003 to 2006 and wrote to Sunrise Power on September 4, 2003, informing the company that neither the Federal Executive Council (FEC) nor the President had approved the 2003 build-operate-transfer (BOT) contract awarded by Agunloye.
Imoke described the contract as “unlawful, null and void”, saying he reached that conclusion after reviewing the FEC conclusions contained in the Ministry of Power’s files.
He also confirmed that the FEC documents had not been altered and explained how he redesigned the Mambilla hydroelectric power project during his tenure.
However, during cross-examination, Imoke admitted that although he considered the 2003 BOT contract award unlawful, he neither reported the matter to law enforcement agencies nor ordered an investigation.
He further acknowledged that he did not bring the issue to the attention of the FEC.
The defence’s reliance on the Paris tribunal’s ruling and Imoke’s admissions formed part of the proceedings as the trial continued.
The prosecution, led by Mohammed Abba, SAN, had informed the court that it had fulfilled the necessary requirements for presenting Imoke as its sixth witness.
The court adjourned the case until November 2, 2026, for the continuation of Imoke’s cross-examination.
It also scheduled further trial dates for November 4, 9 and 11.