EFCC Launches High-Stakes Investigation into Atiku, Malami Over Mambilla Deal

The Economic and Financial Crimes Commission (EFCC) has established a specialized team to investigate various individuals implicated in alleged illicit transactions related to the Mambilla Power Project.

Among those targeted for investigation is Leno Adesanya, the proprietor of Sunrise Power and Transmission Company Ltd (Sunrise). This significant development follows an International Arbitration Tribunal's ruling that favored Nigeria, dismissing claims brought forth by Sunrise Power.

On Thursday, an International Arbitration Tribunal, operating under the auspices of the International Chamber of Commerce (ICC) in Paris, issued an award in favour of Nigeria.

The tribunal rejected Sunrise Power and Transmission Company Ltd's claims for arbitration, wherein the company had sought $680 million as a settlement sum and interest, as well as an additional claim of over $2.7 billion in compensation and interest.

These claims stemmed from disputes associated with the development of the 3,960 MW Mambilla Hydroelectric Power Project located in Taraba State.

The tribunal's verdict mandated Sunrise Power and its promoter, Leno Adesanya, to reimburse Nigeria for legal fees amounting to $11.8 million.

Furthermore, it rejected Sunrise's demand for an order compelling Nigeria to pay the company $400 million, which represented a $200 million settlement sum and a $200 million default sum.

The tribunal affirmed that Mr. Adesanya is bound by the arbitration agreement established with Nigeria through a settlement agreement, asserting its jurisdiction over Nigeria's counterclaim against both him and his firm.

Reacting to the tribunal's decision, President Bola Tinubu on Thursday evening stated that the award underscores the Nigerian State's resolve to resist exploitative and predatory claims from corrupt domestic and international entities, along with their enablers and financiers.

A detailed review of the tribunal's award by PREMIUM TIMES revealed the involvement of numerous Nigerian politicians and public office holders in dealings with Mr. Adesanya, some of which were deemed shady, corrupt, and questionable by the tribunal.

Prominent figures named include former Vice President Atiku Abubakar, his then-wife Jennifer Douglas, former Attorney-General of the Federation (AGF) Abubakar Malami, former Minister of Power and Steel Olu Agunloye, former National Security Adviser (NSA) Sambo Dasuki (and his son Abubakar Dasuki), former Solicitor-General Abdullahi Yola, and former Permanent Secretary Dere Awosika.

Abubakar Malami faced severe criticism from the tribunal for acting contrary to Nigeria’s national interest, maintaining an “inappropriate relationship” with Mr. Adesanya, and engaging in a corrupt transaction.

Currently, Mr. Malami is undergoing trial, accused by the EFCC of conspiring with his wife and son to conceal, disguise, and retain approximately N8.7 billion derived from unlawful activities.

Atiku Abubakar was referenced by the tribunal in connection with a $500,000 payment made by Mr. Adesanya on January 30, 2003. This payment originated from the Swiss bank account of Adesanya's offshore company, China Castle Investments Ltd, and was directed to a US bank account belonging to Ms. Douglas, Atiku’s ex-wife.

The transaction occurred less than four months before the Mambilla Build-Operate-Transfer (BOT) contract was purportedly awarded to Sunrise by then-Minister of Power and Steel, Olu Agunloye.

Mr. Adesanya informed the tribunal that the $500,000 was part of a foreign-exchange transaction conducted for Atiku through his bureau de change business.

However, the tribunal found this explanation lacking documentary support, noting the absence of records for the underlying naira payment, the applied exchange rate, instructions from Atiku or his aides, correspondence, or documentation confirming its commercial purpose. Neither Atiku nor Ms. Douglas provided a witness statement or declaration to corroborate this explanation.

The tribunal highlighted that Mr. Adesanya's relationship with Atiku, his endeavors to secure the Mambilla project for Sunrise, and the timing of the payment were pertinent to its assessment.

It also recalled that Atiku had led a Nigerian government delegation to Beijing in July 2002, which included Mr. Adesanya, during which the Nigerian government and the Chinese state-owned NCPEC signed a memorandum of understanding encompassing the Mambilla project among others.

In light of these circumstances, the tribunal identified “significant red flags” concerning the alleged payment, the potential use of Atiku’s influence, and the subsequent contract award.

Atiku has since denied any indictment by the tribunal and asserted he was not responsible for the contract award, though he did not address other concerns raised in the verdict.

Other officials mentioned include Olu Agunloye, who was linked to payments he claimed were for “medical expenses.” He is currently facing trial on seven counts, including forgery, receiving gratification, and disobeying presidential directives related to the power project.

For Sambo Dasuki, the tribunal scrutinized a $1.74 million payment made by Sunrise Power’s promoter to his son, Abubakar Dasuki, noting that the transaction raised “considerable red flags.”

The tribunal stated that Mr. Adesanya failed to substantiate his claim that the December 2014 payment was a loan, citing inconsistencies in his evidence, the absence of a loan agreement, and the lack of records demonstrating how the transaction was accounted for by Sunrise.

Former Solicitor-General of the Federation, Abdullahi Yola, and former Permanent Secretary in the Ministry of Power, Dere Awosika, were also identified for their alleged involvement in bribery and receipt of controversial payments related to the Mambilla Power Project.

Following these revelations, sources indicate that Atiku Abubakar and his ex-wife, Jennifer Douglas, may soon be invited by the EFCC for questioning.

Earlier on Friday, the All Progressives Congress (APC) Presidential Campaign Council accused Atiku of compromising Nigeria’s interests in the Mambilla project and urged him to withdraw from the 2027 presidential race.

However, Atiku’s Senior Special Assistant on Public Communication, Phrank Shaibu, dismissed these calls, challenging the APC to provide evidence from the tribunal’s final award that indicated Atiku had received a bribe, abused his office, influenced the contract award to Sunrise Power, or participated in a corrupt conspiracy.

Mr. Shaibu emphasized that “A commercial arbitration did not indict Atiku, did not convict Atiku and cannot be transformed into a criminal verdict by repetition.”

Leno Adesanya, who is central to these alleged deals, is also anticipated to be investigated by the EFCC, as confirmed by sources close to the matter.

The EFCC spokesperson, Dele Oyewale, acknowledged awareness of the development but indicated he had not yet received a full briefing on the specifics.