Former Cross River State Governor, Liyel Imoke, has told a Federal Capital Territory High Court in Apo, Abuja, that the Federal Executive Council (FEC) did not approve the $6 billion Mambilla hydroelectric power project contract awarded to Sunrise Power Transmission Company Limited.
Imoke, who testified as the sixth prosecution witness in the trial of former Minister of Power, Olu Agunloye, said the contract award was invalid because it did not receive the council’s approval.
He gave the evidence while being cross-examined by Agunloye’s counsel, Adeola Adedipe.
Agunloye is facing an amended seven-count charge bordering on alleged official corruption and the purported fraudulent award of the Mambilla project contract to Sunrise Power during his tenure as Minister of Power and Steel between 2002 and 2003. He has pleaded not guilty.
At an earlier sitting on October 19, Imoke told the court that he concluded FEC had not approved the contract after examining the minutes of the council’s meeting held on May 21, 2003, where the project was discussed.
During cross-examination, the defence questioned whether the minutes were adopted by the succeeding council, noting that the May 21 meeting was the last FEC session before the cabinet was dissolved.
Imoke clarified that he was sworn in on July 15, 2003, and attended an FEC meeting that month where the minutes of the May 21 meeting were adopted. He, however, said the proceedings of the July meeting were not included among the exhibits before the court.
The former governor also explained that extracts of FEC meetings are usually forwarded to relevant ministries, while the full conclusions are kept or circulated through offices under the Secretary to the Government of the Federation.
When shown two exhibits containing letters from the Ministry of Power forwarding the council’s conclusions and extracts, Imoke said the documents were the same in substance and form.
He was also asked whether, while serving as minister, he had proposed awarding contracts through a build-operate-transfer arrangement or outright purchase. He said he could not recall.
At the end of the cross-examination, prosecution counsel, Abba Mohammed, sought an adjournment to address fresh issues raised during the proceedings.
In a related arbitration proceeding, an International Chamber of Commerce tribunal in Paris dismissed Sunrise Power’s $2.35 billion claim against Nigeria over the Mambilla project. The tribunal also ordered the company and its promoter, Leno Adesanya, to reimburse Nigeria for 75 per cent of its legal fees and expenses incurred in the case.
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