Former Minister of Power and Steel, Liyel Imoke, on Monday, told the Federal Capital Territory High Court in Apo, Abuja, that the Federal Executive Council (FEC) did not approve a memo submitted by his predecessor, Olu Agunloye, recommending the award of the $6 billion Mambilla Hydroelectric Power Project contract to Sunrise Power & Transmission Company Limited.
Imoke, the sixth prosecution witness in Agunloye’s ongoing trial, gave the testimony before Justice Jude Onwuegbuzie while being led in evidence by prosecution counsel, Abba Mohammed, SAN.
Agunloye is facing an amended seven-count charge bordering on alleged official corruption and the fraudulent award of the $6 billion contract to Sunrise Power & Transmission Company Limited during his tenure as Minister of Power and Steel between 2002 and 2003.
Imoke, who succeeded Agunloye as minister and served from August 2003 to November 2006, told the court that he was invited by the Economic and Financial Crimes Commission (EFCC) on May 24, 2023, to make a statement concerning a letter he wrote to Sunrise on September 3, 2003.
According to him, the letter was a response to an inquiry from the company seeking payment in respect of the Mambilla Hydroelectric Power Project contract, which it claimed had been awarded by Agunloye.
Imoke said he requested the relevant file after receiving the company’s letter and discovered the extract of the minutes of an FEC meeting, which contained the council’s deliberations and directives concerning the proposed contract.
“I informed them that the Federal Executive Council did not approve the memo that was presented by the defendant recommending the award of contract for the construction of the Mambilla Hydro Electric Power Project to Sunrise,” he told the court.
Explaining the council’s position, Imoke said the FEC had directed Agunloye to withdraw his memo and invite additional proposals to facilitate constructive negotiations and explore different investment options.
He told the court that the directive informed his response to Sunrise’s request for payment.
“It was on that basis that I responded to the letter of enquiry and request for payment by Sunrise,” Imoke said, adding that he subsequently made a written statement to the EFCC.
The prosecution presented Imoke with his statement to the commission, dated May 24, 2023, which was admitted as Exhibit EFCC 3Q. He confirmed that he made the statement.
He also identified a document marked Exhibit EFCC 3, Annexure C, described as an extract of the FEC minutes, and confirmed that he wrote and signed the September 3, 2003 letter addressed to Sunrise Power & Transmission Company Limited.
During cross-examination by defence counsel, Adeola Adedipe, SAN, Imoke was asked why he did not cancel the contract after discovering that it had purportedly been awarded without FEC approval.
He responded that there was no need to cancel a contract that had not been approved by the council in the first place.
His testimony centred on the status of the FEC’s decision on the memo submitted by Agunloye and the subsequent correspondence between the ministry and Sunrise.
Justice Onwuegbuzie adjourned the case until November 2, 4, 9 and 11, 2026, for the continuation of the trial.
