Mambilla trial: The Attempts to mislead the Court – EFCC
EFCC admitted that Obasanjo vowed to testify against Agunloye anywhere in the world, that contrary to what Obasanjo wrote to the Attorney General, he knew about the 2003 Mambilla BOT contract and that Agunloye brought the required Memo to Council as directed. The 1 December session was an exercise in unravelling how the former President attempted to mislead the Court.
01 December 2025
The court sessions of the Mambilla trial are indeed full chapters of a melodrama. On Monday, 1st of December 2025, the trial resumed with the lead witness of EFCC, Mr. Umar Babangida, code-named PW3 entering into his third session of cross-examination by the Defence lawyer, Mr Adeola Adedipe, a Senior Advocate of Nigeria.
The court was startled when the Defence asked PW3 if, during his investigations, he found if the former president, Chief Olusegun Obasanjo had any personal issues against the defendant, Dr. Olu Agunloye, his former Minister of Power and Steel. The entire court session eventually turned out to be an exercise in unravelling how former President Obasanjo attempted to mislead the Court through the current Attorney General of the Federation. It was like bursting the bag of hidden secrets hitherto tucked away by the Chief EFCC Investigator.
Agunloye duly submitted Memo
Under cross-examination, PW3 confirmed that the former Minister of Power wrote a letter dated 7 April 2003 to the former president, Chief Olusegun Obasanjo for approval to issue a letter to Sunrise Company on the hydroelectric Mambilla project. PW3 also said he was aware that the president responded with: “No objection. Bring a Memo to the Federal Executive Council, including a comparison with a coal thermal power station.”
The defence lawyer further asked, “Did he bring the Memo to the Federal Executive Council?” to which PW3 told the court “Yes, he brought the Memo to the council with the comparison”
Personal Issues against Agunloye
PW3 also admitted that he interrogated President Obasanjo on the Mambilla Hydroelectric Project, but when the Defence Counsel asked him: “Did he tell you if he had any personal issues with the defendant?” PW3 emphatically said No. The Defence Counsel pressed further referring to a letter dated 27 December 2023 written by the former President to the Honourable Attorney General of the Federation in which Chief Obasanjo said he was ready to testify against Agunloye in any court or arbitration panel anywhere. PW3 responded to this with “I am not aware.” Further questioning led to a mild drama between the two lawyers until the judge ordered PW3 to comply with court processes. The defence lawyer then asked the PW3 to read from the bottom of page 3 to the first three lines of page 4 of the President Obasanjo’s letter to the Attorney General. After this, PW3 admitted to court that Obasanjo did vow to testify against Agunloye anywhere.
Misleading HAGF
In course of further cross-examination, the Defence asked PW3: “Are you aware that the former President Obasanjo misled the current Honourable Attorney General of the Federation to ensure that the Defendant is charged in court?” The prosecution lawyer, Mohammed Abba, a Senior Advocate of Nigeria instantly jumped to object. “My Lord. Objection. He is using psychological tactics against the witness”. After this drama, the judge ruled that the cross-examination should continue and PW3 later confirmed that in his letter of December 2023, former President Obasanjo told the sitting Attorney General of Tinubu’s government that Agunloye, the then Minister of Power did not send the required Memo to the Federal Executive Council as directed. This assertion of the former President is contrary to the earlier submission by EFCC and as tendered by PW3 in the court. PW3 admitted that the letter of Obasanjo to the Attorney General distorted the facts. The defence lawyer told the court that this deliberate distortion of facts by the former President was deliberately intended to get the defendant to be charged and arraigned by all means by the Attorney General.
Obasanjo knew about 2003 BOT Contract
Still under cross-examination, PW3 told the court that he did not tell former President Obasanjo of the Mambilla Contract of 2003 or that it was the root cause of the international Arbitration in France. Referring to the PW3’s interrogation of the former president, the defence lawyer asked: “Are you still saying you did not intimate the former President Obasanjo about the contract, so why did you ask him and why did he respond as reported”. PW3 admitted that Obasanjo responded based on the questions asked and that the import of these was to confirm if there was approval by the President. And if the defendant had approval to issue the letter of award.
The defence lawyer then pointed out to pw3 that if the former president did not know of a contract you won’t be asking him. He responded in the affirmative that the former was indeed aware of the 2003 BOT contract. The defence lawyer then confronted PW3 that the former President had written to the Attorney General, Mr. Lateef Fagbemi, Senor Advocate of Nigeria and Minister of Justice that he (Obasanjo) was not aware of the 2003 Mambilla Contract, pointing to the Exhibit tendered by PW3 himself. The Defence told the court that this action of former President Obasanjo was also misleading.
Adjournment
At this stage, the judge stopped the cross-examination to create room for other cases waiting in his court. He adjourned the case to Wednesday, 3 December 2025.
#Aliyu Awuma Reporting
