Mambilla project: Why I didn’t cancel purported contract awarded to Sunrise — Imoke

A former Minister of Power and Steel, Senator Liyel Imoke, on Monday told the High Court of the Federal Capital Territory (FCT) that he did not cancel the purported contract award to Sunrise Power and Transmission Company Limited by his predecessor, Dr Olu Agunloye, because it was not approved by the Federal Executive Council (FEC).

Imoke, who is also a former governor of Cross River State, said this while testifying as the sixth prosecution witness (PW6) in the ongoing trial of Agunloye for alleged infractions in the award of the contract for the Mambilla Hydroelectric Power Project in Taraba State.

Agunloye, who served as Miinister of Power and Steel in the administration of the former President, Chief Olusegun Obasanjo, is being prosecuted by Economic and Financial Crimes Commission (EFCC), on behalf of the Federal Government, before Justice Jude Onwuegbuzie, sitting at Apo, Abuja, on an amended seven-count charge bordering on disobeying presidential directive, conspiracy, forgery and receiving gratification.

He was alleged, among others, to have, sometimes in 2019, received gratification from Leno Adesanya of Sunrise Power and Transmission Company Limited to the tune of N5.212million through Jide Abiodun Sotirin through his (Agunloye’s) Guaranty Trust Bank (GTB) account, for conveying the Federal Government’s approval for the construction of the Mambila project.

EFCC further alleged that while serving as a minister, Agunloye disobeyed presidential directive on the award of contract for the Mambilla project and then conspired with Leno Adesanya to forge a letter titled, “Construction of 3,960MW Mambilla Hydroelectric Power Station on a build, operate and transfer” basis.

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The former minister, however, pleaded not guilty to the charges preferred against him.

At the resumed hearing of the case today, Imoke, who served as minister between August, 2003 and November, 2006, while being cross examined by counsel for Agunloye, Adeola Adedipe SAN, told the court that there was no need for him to cancel the purported contract awarded to Sunrise because it was not ab initio approved by neither President Obasanjo nor FEC.

According to him, as a result of this, the contract was null and void.

“A contract awarded in contravention of Federal Executive Council did not, in my opinion, require cancellation.

“I did not cancel the contract because it was not approved by Federal Executive Council and so it was null and void.

“It is null and void as far as the Federal Executive Council and the President did not give approval to the award of the contract,” Imoke told the court.

He, however, admitted that when he became aware of the awarded contract, he did not report to the FEC to take a position on it since the Council had given a clear directive on the contract.

Earlier in his evidence-in-chief, the former minister told the court that he was sometimes in May, 2023 invited by EFCC and interviewed in respect of a letter he authored and addressed to Sunrise Power and Transmission Company Limited, dated September 3, 2003, in which he confirmed that the FEC did not approve the award of the contract.

Led in evidence by the prosecuting counsel, Abba Mohammed SAN, Imoke said the letter was a response to letter of enquiry from Sunrise, requesting for payment in respect of the Mambilla Hydroelectric Power project purported awarded to it by Agunloye.

“When I received the letter (from Sunrise), I requested for the file relating to the project. While reviewing the file, I saw the extract of the minutes of the Federal Executive Council meeting and other documents.

“I read the deliberations and the directives from the Federal Executive Council to the then Minister of Power and Steel which stated that the memo of the defendant (Agunloye) be withdrawn and directed the minister to invite more proposals with a view to ensuring constructive deliberations and to explore various investment options,” he said.

He told the court that he subsequently, based on what he saw in the file, responded to Sunrise’s letter and informed the company that there was no approval by FEC for the award of the contract for the construction of Mambilla Hydroelectric Power project purportedly awarded to the company by the defendant

Meanwhile, following a request for adjournment by the prosecutor, Justice Onwuegbuzie has adjourned the case to November 2 for continuation of cross examination of the PW6.