Obasanjo, Buhari, and Fashola Provide Testimonies in Mambilla Hydroelectric Arbitration in Paris

The Observer
5 Min Read

.. President Tinubu Acknowledges Their Efforts as an Act of Patriotism, Reinforcing Commitment to Nigeria’s Legal Stance

By Suleiman Ibrahim

In a significant legal development, former Presidents Olusegun Obasanjo and Muhammadu Buhari, along with former Minister of Power, Works, and Housing, Babatunde Fashola, have arrived in Paris, France, to testify in the ongoing arbitration case concerning the contentious $6 billion Mambilla Hydroelectric Power Project. The arbitration proceedings, which stem from allegations of contractual violations against Nigeria, have attracted national and international attention.

President Bola Tinubu, in a recent statement, praised the actions of the individuals involved in representing Nigeria, stating, “They did it for Nigeria, and I never asked anybody to do it.” He emphasized that the commitment displayed by these key figures reflects their conviction and patriotism towards their country. Tinubu further asserted that he has no intention of pressuring any citizen to participate in the case, underscoring the voluntary nature of their involvement.

The Mambilla project, awarded to Sunrise Power and Transmission Limited during Obasanjo’s presidency in May 2003, aims to construct a 3,960MW power station under a Build, Operate, and Transfer (BOT) model. However, the project has faced numerous challenges, leading to accusations that Nigeria has breached the terms of the contract. This has resulted in extensive arbitration discussions as Sunrise Power seeks restitution stemming from the alleged contractual violations.

Adding complexity to the situation, Obasanjo has previously accused his then-Minister of Power and Steel, Dr. Olu Agunloye, of corruptly awarding the Mambilla contract without appropriate approval from the Federal Executive Council (FEC). Nevertheless, Agunloye has firmly rejected these claims, suggesting that he is being used as a scapegoat for broader governmental failings concerning the project, and maintains that the contract was legally awarded in 2003.

The unfolding arbitration proceedings have illuminated the intricate web of past administrations’ decisions, as Buhari’s government reportedly informed representatives of Sunrise Power in April 2020 about the cancellation of their agreement. This sparked tensions that culminated in the Economic and Financial Crimes Commission (EFCC) seeking to arrest Mr. Leno Adesanya, the promoter of Sunrise Power, for allegations of bribery and economic sabotage. However, Adesanya has consistently denied these allegations and has sought legal remedies through international arbitration.

In a ruling by the Federal High Court in Abuja, presided over by Justice Inyang Ekwo, the EFCC was temporarily restrained from prosecuting Adesanya, leading to further legal entanglements, including an appeal court decision that stayed the execution of the initial ruling. Meanwhile, Dr. Agunloye is currently facing several charges by the EFCC related to official corruption tied to the Mambilla project.

As the arbitration proceedings continue, many observers are keenly watching the implications for Nigeria’s infrastructure development and international relations. The outcome of this case could set a precedent for future foreign investments and the governance of large-scale projects within the country.

Meanwhile, President Tinubu, in a statement issued by his Adviser on Information and Strategy, Bayo Onanuga, emphasised that those defending Nigeria in the said case are doing so based on conviction and patriotism.
“The attention of the Presidency has been drawn to some fake news on social media about an arbitration proceeding in Paris to which the Nigerian Government is a party.
“The private proceeding, which should not have been reported in the media, is entirely confidential until the international arbitrators decide.


“While respecting the confidentiality of the proceeding, we wish to state categorically that President Bola Tinubu has not forced anyone to testify for or to refrain from testifying against Nigeria.
“All the eminent Nigerians involved in Nigeria’s defence are doing so willingly and out of sheer patriotism and conviction.
“President Tinubu and the entire country are grateful to them”.

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