Mambilla: Agunloye awarded contract properly; EFCC admits two AGFs confirmed in legal opinions to two presidents in 2008, 2018
MAMBILLA TODAY, TUESDAY, 17 FEBRUARY 2026
Court was scheduled for 11 am on Tuesday, 17 February 2026 but did not sit until 12.20 pm. When the Mambilla case was called at 12.30 pm, the prosecution team and the principal wtness of EFCC, Mr Umar Babangida, also known as PW3 were absent so, court stood down the Mambilla case.
Mambilla case was called again at 1.30 pm and the cross-examination of PW3 resumed with the EFCC lawyer pleading with the court to compel the Defence to complete the cross-examination urgently.
The defence did not waste any time in going into questions. Amidst multiple objections raised by the Prosecution Lawyer, arguments for and against and objections overruled by the judge, the Defence lawyers led by Mr Adeola Adedipe, SAN were able to establish the following:
1. That the then President Obasanjo and Federal Executive Council, FEC had suggested that the award of the Mambilla Power Project could come with FGN equity participation of 25% or less, that is, not more than $1.5 billion.
2. That the Defendant awarded the contract in 2003 with 10% FGN equity ($600 million) saving the Federal Government a whopping sum of $900 million.
3. That PW3 was aware of the legal opinion of the Honourable Attorney General of the Federation (HAGF) Michael Aondoaka to the then Nigerian President Umar Yar’Adua in 2008 that the 2003 Mambilla contract to Sunrise Company was properly awarded and should be resuscitated because he, Mr Umar Babangida referred to the 2008 Attorney General’s opinion in his Investigation Report which had been tendered by him as Exhibit 3X. PW3, first feigned ignorance by saying he could not remember but when he was confronted with his own Investigation Report, he admitted that he was aware of the legal opinion of HAGF but he said it was not his own opinion.
4. That PW3 did not intend to deceive the court by saying that he was not aware at first.
5. That PW3 said he could not remember if, during his investigations, he came across the legal opinion of the HAGF Abubakar Malami of 20 May 2016 to the then President Muhammadu Buhari which also supported the legal opinion of HAGF Michael Aondoaka to the Nigerian President in 2008 that the 2003 Mambilla contract was genuinely and correctly awarded.
6. That the PW3 said he was not surprised that the opinions of the two HAGFs, Michael Aondoaka in 2008 and Abubakar Malami in 2016 support the genuineness of the Mambilla contract award made by the Defendant in 2003 because “these were their personal opinions.”
7. That PW3 admitted that he was aware that in 2012, the FGN represented by Ministry of Power entered into a court settlement with Sunrise and Company in which it was clearly stated that the 2003 contract was properly awarded based on technical and financial competence of Sunrise and its Partners.
8. That the Prosecution Lawyer interrupted further cross-examination insisting that the 2012 settlement document was not before court.
9. That the FEC Conclusions of 2003 presented as Exhibit by PW3 did not discuss details of privatisation and deregulation of the power sector but said that a law would be enacted.
10. That PW3 said he was not aware of the enactment of a new law in 2005 (ICRC Act of 2005) which requires Agencies to obtain specific approval of FEC before awarding contracts.
11. That PW3 admitted that he officially recommended that the Defendant should be charged to court because he “awarded a contract without FEC approval and contrary to the directives of President Obasanjo”.
12. That PW3 told the court that he knows of “a law which required the Defendant to obtain the FEC approval in 2003 to enable him award the Mambilla Hydroelectric Power Project.”
At this stage, the court literally erupted in laughters. When this died down, the Defence lawyer calmly asked PW3 “Witness, please tell this court that law”. The Judge himself intervened: “He will do that tomorrow. Let’s adjourn now till 12 noon, 18 February 2026.”
Court adjourned.
Suleiman Yohana. @AbujaNews. 17-02-26
