Former governor of Cross River State and ex-minister of power, Liyel Imoke, has told the Federal High Court, Abuja Division, that the Federal Executive Council (FEC) did not approve the award of the $6 billion Mambilla Hydroelectric Power Project contract to Sunrise Power & Transmission Company Limited.

Mr Imoke, the sixth prosecution witness in the trial of former Minister of Power and Steel, Olu Agunloye, said the council had directed the withdrawal of a memo recommending the contract award and instructed the ministry to seek additional proposals.

He testified on Monday before Justice Jude Onwuegbuzie at the court sitting in Apo, Abuja.

Mr Agunloye is facing prosecution on an amended seven-count charge bordering on official corruption and the fraudulent award of the $6 billion Mambilla Power Project contract to Sunrise Power & Transmission Company Limited while he was in office as minister of power and steel between 2002 and 2003.

The former governor, while being led in evidence by prosecution counsel Abba Mohammed, said he served as minister between August 2003 and November 2006.

“I was invited to the EFCC Headquarters where I was interviewed in relation to the letter I authored that was addressed to Sunrise Power & Transmission Company Limited on September 3, 2003.

“I informed them that the Federal Executive Council did not approve the memo that was presented by the defendant recommending the award of contract for the construction of the Mambilla Hydro Electric Power Project to Sunrise,” he said.

Mr Imoke explained that he wrote the letter in response to an inquiry from Sunrise Power seeking payment for the project, which the company claimed had been awarded to it by the former minister.

He said he requested the relevant file after receiving the letter and discovered the extract of the FEC meeting minutes, which contained the council’s deliberations and directives on the proposed contract.

“It was on that basis that I responded to the letter of enquiry and request for payment by Sunrise, Thereafter I was asked to make a written statement to the EFCC after which I left,” he said.

The witness identified his statement to the EFCC, dated May 24, 2023, which was admitted as an exhibit, adding that the extract of the FEC meeting minutes and his September 3, 2003 letter to Sunrise Power were tendered as exhibits.

During cross-examination by defence counsel Adeola Adedipe, SAN, Mr Imoke was asked why he did not cancel the contract after discovering that it had purportedly been awarded.

“There was no need to cancel a contract that had not received FEC approval,” he responded.

Justice Onwuegbuzie adjourned the case until November 2, 4, 9 and 11, 2026, for the continuation of the trial.