Mambilla Controversy Explodes: ICC Tribunal Uncovers Alleged Corrupt Deals, Atiku Payments

The International Chamber of Commerce (ICC) Tribunal has delivered a significant verdict concerning the controversial Mambilla Hydroelectric Power Project, rejecting all claims instituted by Sunrise Power and Transmission Company Ltd (Sunrise) against Nigeria. This ruling not only absolves Nigeria from potential liabilities amounting to over $3.38 billion, but also brought to light alleged corrupt deals, attempts to deceive former President Muhammadu Buhari, and suspicious financial transactions involving key Nigerian figures.

The tribunal explicitly found that former Attorney-General of the Federation, Abubakar Malami, attempted to deceive former President Muhammadu Buhari regarding settlement agreements with Sunrise promoter, Leno Adesanya. Malami reportedly failed to provide accurate information to President Buhari, who repeatedly rejected the agreements on the basis that 'FG hasn’t got USD 200m to pay (Sunrise).' Despite Buhari’s persistent refusal, Malami continued to advocate for the settlement in favor of Sunrise. The tribunal noted that Malami and Adesanya coordinated directly, including via WhatsApp, despite being opposing parties in the dispute, and Malami failed to appear before the tribunal to give evidence, acting against Nigeria's interest.

A critical finding by the tribunal was that a corrupt deal was reached between Malami and Adesanya, rendering a Settlement Agreement signed on January 2, 2020, and an Addendum dated March 25, 2020, products of corruption. This agreement initially stipulated a $200 million payment, which the Addendum later doubled to $400 million with a default sanction. The tribunal concluded that these agreements were not binding on Nigeria, not only due to the lack of required presidential approval but also because they violated Nigerian public policy as products of corruption. Consequently, Sunrise's claim for a $400 million payment, including the original settlement sum and the default sum, was rejected.

Further revelations from the tribunal centered on a $500,000 payment made by Leno Adesanya through his offshore company, China Castle Investments Ltd, to Jennifer Douglas, who was then married to former Vice-President Atiku Abubakar, on January 30, 2003. This payment occurred less than four months before the Mambilla contract was allegedly awarded to Sunrise. Adesanya and Sunrise claimed the payment was a legitimate foreign-exchange transaction, asserting Adesanya operated a bureau de change business. However, the tribunal found that this explanation was not supported by any documentary or witness evidence, with Adesanya admitting discussions were exclusively oral and records were unavailable. Neither Atiku nor Ms. Douglas Abubakar provided witness statements to corroborate the claim.

While the tribunal highlighted 'significant red flags' regarding the payment, its timing, and Adesanya's relationship with Atiku, it did not explicitly find that Atiku Abubakar used his position to secure the contract for Sunrise. Nevertheless, it stated it could not exclude that the payment was related to Atiku's leading role in the Nigerian government for the Mambilla Project between 2001 and 2003, given the absence of evidence for a bona fide foreign exchange transaction. Additionally, the tribunal examined three smaller payments totaling approximately $15,000 made between August and November 2019 to former Minister of Power and Steel, Olu Agunloye, through Adesanya's aide, Jide Sotinrin. Agunloye is alleged to have awarded the Mambilla BOT contract to Sunrise in May 2003 without the approval of the Federal Executive Council or former President Olusegun Obasanjo, and is facing criminal charges related to the matter.

Following these revelations, the All Progressives Congress (APC) Presidential Campaign Council urged Atiku Abubakar to withdraw from the 2027 presidential race. The APC spokesperson, Dele Alake, cited the ICC arbitration proceedings, alleging serious questions about Atiku's role and comparing the Mambilla dispute to the Process and Industrial Developments (P&ID) case, which involved a multi-billion dollar claim against Nigeria. The campaign council criticized Atiku for not testifying before the tribunal, unlike former Presidents Obasanjo and Buhari, and accused him of bearing responsibility for delays in the Mambilla project's implementation. Atiku has previously denied any wrongdoing concerning the corruption allegations.

The Mambilla Hydroelectric Power Project, initially conceived decades ago, has been plagued by contractual, financial, and legal disputes, culminating in Sunrise's claims against Nigeria for alleged breach of the 2003 agreement. The ICC Tribunal's final award on Thursday directed Sunrise and its promoter, Leno Adesanya, to refund Nigeria’s legal fees of $11.8 million and ultimately rejected all of Sunrise’s substantial financial demands, including the $680 million settlement sum and the larger $2.7 billion compensation claim. This ruling removes a significant financial burden from Nigeria and underscores the tribunal's strong stance against corruption and lack of due process in contractual agreements.