***Knew of Controversial 2003 Contract
The Mambilla Power Project trial took a dramatic turn on Monday when an EFCC witness admitted in court that former President Olusegun Obasanjo knew about the 2003 BOT contract and gave misleading information to the Attorney General, undermining key claims behind the prosecution of former Power Minister Dr. Olu Agunloye.
At the resumed hearing on 1 December 2025, the EFCC’s lead investigator, Mr. Umar Babangida, appearing as Prosecution Witness 3 (PW3), faced withering cross-examination from defence counsel, Senior Advocate of Nigeria Adeola Adedipe.
What followed was a systematic dismantling of key assertions previously attributed to former President Obasanjo—statements that had been central to the prosecution’s case against former Minister of Power and Steel, Dr. Olu Agunloye.
When confronted with correspondence already admitted in evidence, PW3 confirmed that Dr. Agunloye wrote to President Obasanjo on 7 April 2003 seeking approval to issue a letter of comfort to Sunrise Power for the Mambilla Hydroelectric Project. He also acknowledged that Obasanjo replied by directing him to prepare a Federal Executive Council (FEC) memo with a comparative analysis to a coal thermal power station.
Asked whether the minister complied, PW3 did not hesitate: “Yes, he brought the memo with the required comparison.”
This testimony struck at the heart of Obasanjo’s December 2023 letter to AGF Lateef Fagbemi, in which the former president insisted that Agunloye failed to present the memo—an assertion that triggered renewed scrutiny and eventual charges against the former minister.
Tensions escalated when Adedipe confronted PW3 with EFCC’s own interview records showing investigators questioning Obasanjo on the assumption that he fully understood the BOT deal. When pressed on why such questions would be asked of someone claiming ignorance, PW3 conceded that the former president was, in fact, aware of the agreement.
The defence then went further, alleging that Obasanjo’s letter to the AGF “distorted the facts” to create grounds for prosecution. The prosecution objected, accusing the defence of psychological manipulation, but the judge overruled and directed PW3 to answer.
His eventual admission marked a turning point in the day’s proceedings.
PW3 also acknowledged that Obasanjo, in the same 2023 letter, expressed readiness to testify before any court or arbitration tribunal against Agunloye—despite previously suggesting limited involvement.
This reinforced the defence’s claim that the former president had a personal stake in the matter.
As the exchanges grew increasingly intense, the judge briefly halted the cross-examination to attend to other pending matters, adjourning the case to Wednesday, 3 December 2025.
Legal observers say Monday’s revelations could prove crucial, deepening questions over political influence, inconsistencies in official correspondence, and the credibility of the prosecution’s narrative in Nigeria’s longest-running power-sector dispute.
