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$6bn Mambilla Contract: Appeal Court suspends judgment barring EFCC from probing Leno Adesanya

Published

3 hours ago

November 28, 2024

$6bn Mambilla Contract: Appeal Court suspends judgment barring EFCC from probing Leno Adesanya

The Court of Appeal in Abuja has stayed the execution of a Federal High Court judgment which barred the Economic and Financial Crimes Commission (EFCC) from investigating Leno Adesanya, the promoter of Sunrise Power and Transmission Ltd, over criminal allegations related to the $6 billion Mambilla hydropower contract.

The appeal court delivered the verdict on Thursday in an application for stay filed by the Attorney General of the Federation’s counsel, T.A. Gazali SAN.

It was reported that Justice Inyang Ekwo of the trial court had ordered the EFCC to immediately remove Leno Adesanya, the promoter of Sunrise Power and Transmission Ltd, from its wanted list in connection with any criminal allegations related to the $6 billion Mambilla hydropower contract.

Justice Ekwo issued the judgment on Monday, September 23, 2024, in a suit filed by Adesanya’s lawyer, M.S. Diri SAN, against the EFCC, the Federal Ministry of Power and Steel, the Federal Government of Nigeria, and the Attorney General of the Federation.

The EFCC had declared Adesanya wanted for “an alleged case of conspiracy and corrupt offer to public officers” related to the Mambilla project.

However, the applicant’s lawyer, Diri, sought a perpetual injunction restraining the EFCC from further investigating, inviting, or publishing his client’s name as a wanted person over the Mambilla Hydroelectric Power Project, citing a pending case at the International Chamber of Commerce Court of Arbitration in Paris.

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During the proceedings at the lower court, Adesanya’s lawyer asked the court to determine the propriety of the EFCC’s powers to investigate the commercial transaction between his client, the federal government, and the Ministry of Power.

Diri argued that Adesanya, seeking to ensure sustainable power in Nigeria, proposed constructing the Mambilla Hydroelectric Project through Sunrise as the special purpose vehicle to drive the project.
He noted that Sunrise and its Chinese partners, North China Power and China Hydroelectric companies, held various meetings in China with three Power Ministers regarding the Zungeru and Mambilla projects.
He submitted that in 2005 and 2006, ex-President Obasanjo approved financial negotiations for the project, but to date, no funds have been disbursed by the federal government to the plaintiffs regarding the contract.
He said that in an effort to amicably resolve the issues concerning the project, the company wrote letters to the Ministry of Power, leading to meetings between his clients and the executive branch of government.

He added that by a letter dated April 22, 2020, rather than honoring the agreement, the federal government wrote through the Attorney General seeking a review of the terms.

He stated that arbitral proceedings had been scheduled for a virtual hearing on March 22, 2024, on the issue. However, despite the pending case, the federal government and its security agencies, including the EFCC, have sought to criminalize and scandalize the Mambilla Project, aiming to evade their legal contractual obligations.

In response, the EFCC legal team argued that evidence of criminal activity was established against the plaintiffs during the investigation, leading to charges being framed in a high court.
The EFCC also denied being used by the federal government or any other entity to witch-hunt or intimidate the plaintiffs, emphasizing that the investigation and prosecution are related to the contractual award for the Mambilla project, which lacked Presidential and Federal Executive Council approval.

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Justice Ekwo, in his judgment, held that since the Ministry of Power had contested the claims of the plaintiffs and had counterclaimed against them at the International Chamber of Commerce Court of Arbitration, the sanctity of the arbitral proceedings must be respected and protected.
The judge further held that regarding the EFCC’s publication of the name and photograph of the first plaintiff as a “wanted person” on its website, he did not find any valid defense from the agency.

He subsequently declared that the EFCC is not legally entitled to investigate, resolve, or prosecute the contractual dispute between Sunrise and the Ministry of Power and the Federal Government, which is pending before the International Chamber of Commerce Court of Arbitration in Paris, under ICC Case Reference No. 26260/SPN/AB/CPB.

However, the Attorney General of the Federation (AGF) appealed the judgment and also requested that the court stay execution of the judgment, arguing that irreparable damage would occur if the trial judgment is executed before the determination of the pending appeal challenging the jurisdiction of the Federal High Court to determine the suit.

Passing its verdict on Thursday, a three-member panel of the appeal court, led by Justice Joseph Oyewole, upheld the AGF’s submission about the potential damage occurring if the judgment is not stayed.

Oyewole dismissed Adesanya and his firm’s claim that the application was an abuse of court process.
He agreed that the balance of convenience was in favor of granting the relief sought in the motion for stay.

He subsequently stayed the execution of the September 23 judgment pending the determination of the pending appeal filed by the AGF.

$6bn Mambilla Contract: Appeal Court suspends judgment barring EFCC from probing Leno Adesanya

Related Topics:EFCC judgment Leno Adesanya Mambilla Contract

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Lagos seals churches, hotels, others over noise pollution + [Pictures]

Published

1 hour ago

November 28, 2024

Trends Admin

Lagos seals churches, hotels, others over noise pollution + [Pictures]

The Lagos State Environmental Protection Agency, LASEPA, has sealed off several establishments, including churches, hotels, bars, and other businesses, for failing to comply with the state’s environmental laws.

The operation which covered areas such as Mushin, Amuwo Odofin, and Okota Isolo, was part of ongoing efforts to address noise pollution and other environmental violations across Lagos.

LASEPA confirmed this in a statement on its verified X handle on Thursday.

It said the establishments were found guilty of breaching environmental regulations despite multiple warnings from LASEPA.

The statement said, “In a decisive move to combat noise pollution and other environmental violations, the Lagos State Environmental Protection Agency (LASEPA) sealed several establishments across the state.

“The enforcement operation, which covered areas such as Mushin, Amuwo Odofin, and Okota Isolo, underscores LASEPA’s commitment to fostering a healthier and more sustainable environment for all Lagosians.

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“The sealed establishments include: Daily Bakery, Redeemed Christian Church of God, Gak Universal Allied Limited, Ideal Standard, Franjane Royal Suites, Golden Haven Resort & Suites, Festival Hotel Conference Centre & SPA, FS Service Centre, Moulin Rouge Ventures at Olivia Mall.”

The General Manager of LASEPA, Dr. Babatunde Ajayi, reiterated the agency’s zero-tolerance policy for violations that threaten public health and community harmony.

“Environmental protection is a shared responsibility,” Ajayi stated.

“As a government agency, we are dedicated to enforcing all necessary measures to ensure compliance with environmental laws.

“Noise pollution, improper siting of hazardous facilities, and other infractions significantly impact public health and quality of life. We urge businesses and individuals to prioritise compliance and adopt sustainable practices,” he added.

Dr. Ajayi also urged Lagos residents to report environmental violations through LASEPA’s official channels, emphasizing the need for collective action to protect the environment.

Lagos seals churches, hotels, others over noise pollution + [Pictures]

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Apologise publicly to Endbadgovernance protesters, Amnesty Int’l tells FG

Published

1 hour ago

November 28, 2024

Trends Admin

Apologise publicly to Endbadgovernance protesters, Amnesty Int’l tells FG

Amnesty International wants the federal government to publicly apologise to all protesters who were killed, injured or traumatised by security agents during the August 1–10 #EndBadGovernance protests.

A briefing published by the global organisation focused on human rights on Thursday stated that at least 24 protesters were killed and 1,200 were arrested during the nationwide August protest.

The 24 recorded killings occurred in Kano, Jigawa, Katsina, Niger, Borno and Kaduna states. 12 people were killed in Kano, three in Jigawa, one in Katsina, three in Niger, three in Borno and two in Kaduna.

The briefing also revealed that the deceased were aged between 5 and 63.

“In all cases, the victims were shot by the police, firing live ammunition at close range often at the head or torso, suggesting that officers were shooting to kill. Two survivors suffered injuries after being shot by police in the arm and legs, others were suffocated by the indiscriminate use of tear gas,” Amnesty International stated.

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According to the organisation, the killing and arrest of protesters by the Nigerian authorities as well as the brutality meted out to them reflect the failure to respect and facilitate the right to freedom of expression.

Amnesty International also asked the government to “drop all charges against protesters solely for the peaceful exercise of their rights to freedom of expression and peaceful assembly, and unconditionally release those facing such charges”.

Some of the other demands to the government include granting detainees access to lawyers of their choice, families and independent medical care; the immediate release of those detained solely for peacefully exercising their human rights during the hunger protests; ensuring that detainees are tried under international standards for fair trials; and developing more robust engagement between the youths and the government.

Provide specific training for law enforcement officials on crowd facilitation during protests

In its recommendations to the Nigeria Police Force (NPF), Amnesty International called for the training of officers on crowd facilitation and management during protests and international human rights standards.

The group also recommended the implementation of ammunition registration, control system and communications records system to monitor operational orders; promotion of visible markings to identify officers who participate in public law enforcement operations; promotion of opportunities for dialogue with protest organisers and the establishment of administrative sanctions for law enforcement personnel involved in abuses or acts of violence.

Apologise publicly to Endbadgovernance protesters, Amnesty Int’l tells FG

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Amnesty International releases EndBadGovernance report, says 24 killed during protests

Published

1 hour ago

November 28, 2024

Trends Admin

Amnesty International Director Isa Sanusi

Amnesty International releases EndBadGovernance report, says 24 killed during protests

Amnesty International says no fewer than 24 protesters were killed during the EndBadGovernance protests which occurred between August 1 and August 10,2024.

The figures were disclosed by the organization while launching its report on the protests at a press conference addressed by its Country Director,Isa Sanusi,in Kano on Thursday.

Sanusi said the killings took place in Kano,Borno, Kaduna,Katsina,Jigawa and Niger States, while the protests lasted.

Those killed during the uprising,he said,included 20 young people,an elderly person and two children, alleging that the police used excessive force against the protesters.

“In all cases, the victims were shot by the police, firing live ammunition at close range,often at the head or torso, suggesting that officers were shooting to kill.

“Two survivors suffered injuries after being shot by the police in the arm and legs,others were suffocated by the indiscriminate use of tear gas,” the country director further alleged.

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He said Eyewitnesses told Amnesty International in Kano,Dutse, Katsina and Minna that the protests were largely peaceful when they began in the morning of August 1, but that the mood abruptly changed when police allegedly attacked the protesters by firing live ammunition and tear gas.

“The excessive use of force by the police against the protesters contravenes International Human Rights Standards, including the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.

“Those who expressed support for the protests on social media were attacked and many more were arbitrarily arrested either by the police or the Department of State Services (DSS),” the organization alleged.

It said despite the overwhelming evidences, including eyewitness accounts, videos, medical records,testimonies of the parents of victims and survivors and photographs, the police denied involvement in the killings, dismissing them as “fake news” and attributed them to “unknown gunmen.”

“As international human rights standards make it clear in the dispersal of assemblies that are unlawful but non-violent,law enforcement officials shall avoid the use of force or, where that it is not practicable,shall restrict such force to the minimum extent necessary,”it added.