The prosecution of the high-profile Mambilla Hydroelectric Power Project case suffered a significant setback on Monday after the Federal Capital Territory (FCT) High Court halted proceedings, citing procedural shortcomings by the Economic and Financial Crimes Commission (EFCC).
The development forced the court to adjourn the case for nearly three months after the defence successfully argued that the anti-graft agency failed to comply with established legal procedures before attempting to tender fresh evidence and call a key witness.
The EFCC’s lead counsel, Abba Mohammed, SAN, told the court that the prosecution had only filed its 11th proof of evidence on the morning of the hearing. The fresh evidence—a 2003 letter allegedly written by Sunrise Power and Transmission Company to then Minister of Power, Chief Liyel Imoke—was served on the defence shortly before the case was called.
Despite the late filing, the prosecution also sought to immediately call Imoke as its sixth witness.
The move was strongly opposed by defence counsel, Adeola Adedipe, SAN, who accused the EFCC of ignoring due process.
“My Lord, the prosecution is not ready for this case,” Adedipe told the court.
He argued that introducing fresh evidence and seeking to present a witness without first complying with the procedural requirements of the law amounted to trial by ambush and undermined the defendants’ right to fair hearing.
The defence further submitted that the prosecution failed to provide summaries of the intended witness’s evidence as required under the applicable criminal procedure, insisting that merely listing exhibits could not replace the mandatory synopsis of witness testimony.
Although the EFCC maintained that Imoke had been listed as a prosecution witness since September 2023 and therefore required no further notice, the court declined to accept the argument.
In a ruling that effectively faulted the prosecution’s handling of the case, the judge upheld the defence’s objection and directed the EFCC to properly regularise its processes before continuing with the trial.
The court consequently adjourned proceedings until October 19, 2026, with additional hearing dates fixed for November 2, 4, 9 and 11, 2026.
The ruling represents a major procedural setback for the EFCC, as the court’s decision means the prosecution must first correct deficiencies in its filings before it can resume leading evidence in one of the country’s most closely watched corruption-related cases involving the long-running Mambilla Hydroelectric Power Project.
