••Former Nigerian Presidents Contest Validity of Alleged Contract with Sunrise Power.
By Suleiman Ibrahim.
In a legal battle at the International Chamber of Commerce Court of Arbitration in Paris, former Nigerian Presidents Olusegun Obasanjo and Muhammadu Buhari have testified that the Federal Government never awarded a contract to Sunrise Power for the $6 billion Mambila Power Project in Taraba State. This testimony forms a crucial part of Nigeria’s defense in a $2.3 billion arbitration case initiated by Sunrise Power and its founder, Chief Leno Adesanya, who allege a breach of contract by the government.
Sunrise Power claims the compensation sought is to cover expenditures on financial and legal consultants. However, Obasanjo and Buhari countered these claims, urging the court to dismiss the 2003 agreement cited by Adesanya, labeling it as invalid. According to the former presidents, the letter presented by Sunrise was purportedly signed by former Minister of Power, Dr. Olu Agunloye, a day after the Federal Executive Council had rejected awarding the contract to the company.
Dr. Agunloye currently faces trial in Abuja, charged with forgery, disobedience of a presidential order, and corruption related to the power project. The Economic and Financial Crimes Commission (EFCC) has accused him of illicitly awarding the contract for the “Construction of 3,960MW Mambilla Hydroelectric Power Station on a Build, Operate and Transfer Basis” to Sunrise Power and Transmission Company Limited, without necessary budgetary provisions or approvals.
In his defense, Agunloye claims he is being scapegoated to portray systemic corruption and weaken Sunrise’s claims before the arbitration panel.
Supporting the testimonies of the former presidents, Nigeria’s current Justice Minister and Attorney-General of the Federation, Lateef Fagbemi (SAN), alongside his predecessor, Mallam Abubakar Malami (SAN), former Minister of Power Babatunde Raji Fashola (SAN), and former Minister of Water Resources Engr. Suleiman Adamu, also provided corroborative evidence.
Interestingly, another former Justice Minister, Mr. Mike Aondoakaa (SAN), made a brief appearance in Paris, though it remains unclear whether he was representing the Nigerian government or Sunrise.
Sources within the proceedings highlighted the strategic importance of having Obasanjo and Buhari testify, emphasizing their reputations for integrity and straightforwardness. Their testimonies were seen as pivotal in showcasing the alleged fraudulent nature of Sunrise’s claims, thereby strengthening Nigeria’s position.
The Paris Arbitration Court conducted a week-long hearing from January 18th to 23rd to deliberate on the dispute, which centers on the alleged existence—or lack thereof—of a valid contract for the Mambila Power Project. As the case unfolds, the testimonies of Nigeria’s former leaders are expected to play a critical role in the final determination of this high-stakes arbitration.
