Former Cross River State Governor and ex-Minister of Power and Steel, Liyel Imoke, has told a court in Abuja that the Federal Executive Council (FEC) did not approve the controversial $6 billion Mambilla Hydroelectric Power Project contract awarded to Sunrise Power and Transmission Company Limited in 2003.

Imoke gave the testimony on Monday, October 19, while appearing as the sixth prosecution witness in the ongoing trial of former Minister of Power and Steel, Olu Agunloye, before the Federal Capital Territory High Court sitting in Apo, Abuja.

The former minister said he reached that conclusion after reviewing government records when he assumed office in 2003. According to him, documents in the project file showed that the FEC had directed the withdrawal of Agunloye’s memo and called for additional proposals to enable further consideration of investment options.

Imoke explained that he subsequently wrote to Sunrise Power on September 3, 2003, in response to the company’s inquiry concerning payment for the project. He said his review showed that the contract had not received the council’s approval.

During cross-examination by Agunloye’s lawyer, Adeola Adedipe, a Senior Advocate of Nigeria, Imoke maintained that he saw no need to formally cancel the purported contract because, in his view, it had not been validly approved in the first place.

However, the former governor acknowledged that he did not report Agunloye to law enforcement authorities after becoming aware of the circumstances surrounding the contract. He also confirmed that he did not notify the FEC, after the defence raised questions about his response to the matter.

Agunloye is facing seven counts arising from the disputed contract, including alleged disobedience to a presidential directive, conspiracy, forgery and receiving gratification. The Economic and Financial Crimes Commission (EFCC) alleges that he acted improperly in awarding the contract to Sunrise Power. Agunloye has denied the charges and pleaded not guilty.

The Mambilla project, planned as a major hydropower facility in Taraba State, has been the subject of a lengthy legal dispute. An international arbitration tribunal in Paris recently ruled against Sunrise Power’s claims against Nigeria, with reports stating that the tribunal found the contract award was tainted by bribery. The arbitration outcome is separate from the ongoing criminal proceedings against Agunloye.

The trial judge, Justice Jude Onwuegbuzie, adjourned the case until November 2, 2026, for continuation of proceedings. Agunloye remains entitled to the presumption of innocence unless and until the court determines the charges against him.