Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
Proceedings in the high-profile trial over the Mambilla Hydroelectric Power Project were stalled on Monday for three months after the defence accused the Economic and Financial Crimes Commission of ambushing it with fresh evidence moments before the case was called. The matter came up before the Federal Capital Territory High Court, Court 30, where the prosecution sought to introduce fresh evidence and call a new witness, prompting a strong objection from the defence team.
At the commencement of proceedings, the prosecution counsel, Abba Mohammed, a Senior Advocate of Nigeria, informed the court that he had filed an 11th proof of evidence earlier in the day. According to him, the new proof of evidence consisted of a letter allegedly written by Sunrise and Company to the then Minister of Power, Liyel Imoke, in August 2003, seeking to commence implementation of the Mambilla Hydroelectric Power Project contract. The prosecution also sought to call former Minister Imoke as its sixth witness.
However, defence counsel Adeola Adedipe, a Senior Advocate of Nigeria, objected to the move, arguing that the prosecution had failed to comply with proper legal procedures. Adedipe told the court that the prosecution was not ready for the case, adding that the fresh proof of evidence had been served on the defence only on Monday morning while both parties were waiting for the case to be called. He described the move as an ambush and contended that the prosecution failed to comply with the requirements of Section 379 of the Evidence Act by not providing summaries of the proposed witness's testimony alongside the list of witnesses. According to the defence, the prosecution appeared to have confused the list of documentary exhibits with the statutory requirement to provide a synopsis of each witness's expected testimony.
The prosecution maintained that it had acted properly and urged the court to allow the trial to proceed, arguing that Imoke had been listed as a prosecution witness since September 2023. However, after hearing both sides, the trial judge upheld the defence's objection and ruled that the prosecution should first regularise its processes before proceeding with the case. The court subsequently adjourned the matter until October 19, 2026, for continuation of trial, with additional hearing dates fixed for November 2, 4, 9, and 11, 2026.
The adjournment means the high-profile case will remain on hold for about three months while the prosecution addresses the procedural issues identified by the court. The trial is part of the EFCC's ongoing prosecution of former Minister of Power and Steel, Olu Agunloye, who is standing trial on an amended seven-count charge bordering on alleged official corruption and the fraudulent award of the Mambilla Power Project contract worth $6 billion to Sunrise Power and Transmission Company Limited. The case has drawn significant attention due to its implications for Nigeria's power sector and the country's fight against corruption.
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