$5.8b Mambilla power: ICC declines to stop firm’s arbitration against Fed Govt – Newstrends
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$5.8b Mambilla power: ICC declines to stop firm’s arbitration against Fed Govt

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Mambilla Power

The International Court of Arbitration administered by the International Chamber of Commerce (ICC), Paris, France, has declined to stop an arbitration proceeding filed by Sunrise Power and Transmission Company Limited (SPTCL) against the Federal Government on the $5.8 billion 3,050MW Mambilla hydro-electric power project.

In an October 13, 2022 letter, the ICC told the parties that there were no “sufficient sensitive elements” adduced by the Federal Government to halt proceeding.

Sunrise and its Chairman Leno Adesanya had been involved in a legal battle with the Federal Government over the alleged unlawful termination of the contract which was signed on May 22, 2003, but re-awarded to Messrs China Gezhouba Group Corporation/China Geo-Engineering Corporation (CGGC/CGC).

The company challenged the contract termination on May 28, 2007, culminating in a 14-year delay, with the new awardee effectively barred from executing the contract.

The firm alleged in a statement that after its withdrawal from its $500 million Settlement Agreement arbitration at the ICC in September 2021, the FGN legal team led by Mr. Supo Shasore (SAN), and the foreign firm of White and Case decided to invite Sunrise back to the ICC by claiming $1.6 million in legal fees because Sunrise withdrew the $500 million suit.

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It said contrary to the Federal Government’s allegation, the ICC on October 13 ruled against FGN objections and called for the expedited arbitration procedure to be adopted in the $500 million settlement agreements arbitration to commence immediately.

On November 23, 2012, the Federal Government signed a General Project Execution Agreement (GOEA) with Sunrise and its Chinese consortium partners on the execution of the Mambilla hydropower project. “However, on the 12th of November 2017, the FGN signed a $5.8 billion EPC contract with another Chinese Consortium despite numerous written warnings from the current Attorney General of the Federation to the Federal Ministry of Power, Works and Housing in 2016 and 2017 to respect the GPEA contract with Sunrise,” a document said.

Sunrise resorted to arbitration against FGN and the Sinohydro consortium of China in 2018, claiming $2.3 billion in damages.

With the intervention of the Chinese President, who sent a special envoy to President Muhammadu Buhari in July 2019, FGN and Sunrise signed a settlement agreement in January 2020; and this settlement was advised to both the Chinese Ambassador to Nigeria and Chairman of China Eximbank, who had made the settlement condition precedent to any loans for the Project. However, the FGN defaulted.

In September 2021, Sunrise withdrew the $500 million settlement arbitration on condition that Federal Government would make a financial commitment towards the Project, and respects its right as the exclusive local content partner, but the FGN failed again to make any payments to the EPC contractors and/or the Counterpart funds to China Eximbank.

It said while the FGN has been unable to defend its failure to honour its agreements with Sunrise, the government requested that the ICC should direct “that Sunrise produce certain information showing its true legal and beneficial ownership.”

The request, according to the government, was based on the allegation that there exist Pandora papers suggesting that Mr. Leno Adesanya secretly transferred an interest in Sunrise to the family of former National Security Adviser, Mr. Sambo Dasuki.

This claim was objected to by the Claimant (Sunrise).

In the October 13 letter obtained by our correspondent yesterday, the ICC said there were no “sufficient sensitive elements” adduced by the Federal Government of Nigeria to prevent the matter from proceeding.

The ICC said: “We have duly noted all elements mentioned in the claimant’s and respondent’s request pertaining to fraud and corruption allegations.

“In this respect, the secretariat is monitoring this matter closely together with ICC’s Legal Services Department which has conducted internal compliance verifications but has not found sufficient sensitive elements to prevent this arbitration from being administered by the ICC.”

The ICC said the decision does not constitute a legal opinion and that it may further be subjected to change in case of new elements.

“The ICC endeavours to comply with relevant and applicable compliance rules and regulations at all times and will monitor this matter with the utmost vigilance.

“Should any corruption or related claims need to be addressed in relation to the present dispute or its underlying contract, we invite the parties to communicate all relevant documentation and supporting materials directly to the arbitral tribunal, once constituted,” the ICC said.

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Man gets four-year jail for sexually assaulting teenager in Lagos

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Man gets four-year jail for sexually assaulting teenager in Lagos

One Onyeka Ubaka has been sentenced to four years imprisonment for sexual assault and maltreatment of a 16-year-old girl in Lagos State.

He was convicted and sentenced by an Ikeja Sexual Offences and Domestic Violence Court on Tuesday.

Justice Rahmon Oshodi convicted him after he pleaded guilty to the two amended charges brought against him by the Lagos State Government.

Ubaka was initially arraigned on January 12, 2024, and was initially charged with defilement through one-count information filed on October 26, 2023, to which he pleaded not guilty.

In the court proceedings, the prosecution counsel, B. E. Okeowo, presented a single witness, the prosecutrix, whose testimony proved particularly significant in establishing the case against the defendant. The prosecutrix who provided a testimony, identified the defendant as her boyfriend and disclosed that she was 16 years old in 2023 and that her relationship with the defendant began in her mother’s shop.

The victim testified to the court that the defendant had multiple instances of sexual intercourse with her, which resulted in pregnancy and childbirth.

“The defendant is the father of my child. He impregnated me, and the child is five months old.”

According to PUNCH, the victim, during cross-examination, gave testimony evidence that incriminate the defendant.

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In one instance, she disclosed that the defendant took her to a bar, gave her yogurt to drink, and after she drank it, she lost consciousness. She further disclosed that she woke up in a hotel room and realised that the defendant had non-consensual sex with her and told her to keep the incident a secret.

At the court proceeding on Tuesday, Justice Oshodi disclosed to the court that the prosecution counsel, B. E. Okeowo, had informed the court that the parties had entered a plea and sentence agreement dated and filed on November 25, 2024. The court then charged and convicted the defendant on the amended charge of indecent acts and sexual assault to which the defendant pleaded guilty.

Justice Ramon, in his judgment, stated that the prosecution had established beyond a reasonable doubt the charges brought against the defendant, and found the defendant guilty of indecent act and sexual assault.

“From the evidence presented by the prosecution, I am satisfied that the essential elements of indecent acts and sexual assault have been established. There is an abundance of evidence to support this conclusion. The defendant’s guilty plea further justifies his conviction for the offences contained in the amended information.

“Therefore, I find the defendant guilty and convict him under Sections 134 and 263 of the Criminal Law Supra”, he ruled.

When asked what he had to say, the defendant begged the court to temper justice with mercy.

“Temper justice with mercy so that I will take care of my responsibility,” he appealed.

It is gathered that the defendant’s father had paid the sum of N300,000 and had undertaken to sponsor the prosecutrix first degree and take full responsibility for the child until the child is eight years old.

The prosecution counsel in her final statement asked the court to convict the defendant according to the plea bargain.

“We ask that the convict be sentenced according to the plea bargain agreement starting from the day of remand, March 23, 2023, and this will pass a message to society that sexual offenders are not tolerated in our society.

“We also ask that the name of the convict be registered in the Sexual Offenders Register”, Okeowo said.

Justice Oshodi then found the defendant guilty and sentenced him to four years imprisonment.

 

Man gets four-year jail for sexually assaulting teenager in Lagos

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Lagos taskforce raids criminal hideout, arrests 53 drug peddlers

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Lagos taskforce raids criminal hideout, arrests 53 drug peddlers

CSP Adetayo Akerele, Chairman of Lagos State Environmental and Special Offences Enforcement Unit, announced the arrest of 53 suspected criminals in Gowon Estate.

Akerele said this operation aimed to boost safety, security, and environmental decorum in the area.

“The agency apprehended drug peddlers, addicts; miscreants; street urchins; illegal street traders and people of shady business dealings.

“We found various illicit drugs and narcotics, including Indian hemp, codeine syrup, and colorado,” Akerele said.

The operation brings relief to residents of Gowon Estate, Ipaja, Egbeda, Idimu, and surrounding areas affected by these criminals.

“Residents have endured trauma and safety risks due to these unauthorized squatters.

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The taskforce is committed to safeguarding residents and ridding the metropolis of individuals preying on law-abiding citizens,” Akerele said.

The agency will monitor other criminal hideouts, blackspots, and abandoned properties.

“This vigilance aims to deter individuals with sinister motives.

“These arrests demonstrate our determination to maintain a safe environment.

“We will hold every individual involved in these illegal practices accountable,” Akerele said.

The 53 suspects will face charges for narcotics-related offenses.

Residents are urged to report suspicious activities through the “See Something, Say Something” initiative.

 

Lagos taskforce raids criminal hideout, arrests 53 drug peddlers

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Nigeria Customs returns 21 stolen luxury vehicles to Canada

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Comptroller-General of Nigeria Customs Service (NCS), Bashir Adewale Adeniyi

Nigeria Customs returns 21 stolen luxury vehicles to Canada

The Nigeria Customs Service (NCS) has returned 21 luxury vehicles worth over N1.8 billion to Canada.

The cars were stolen and smuggled into Nigeria by some criminals.

Comptroller General of Customs, Mr. Adewale Adeniyi, disclosed this at a press briefing on Tuesday in Lagos.

He expressed worry at the rise in stolen vehicles and its impact on Nigeria’s economy and security.

According to Adeniyi, Nigeria has become a significant hub for stolen vehicles in West Africa, with syndicates exploiting the country’s ports and borders to bring in stolen vehicles from regions such as Europe, North America, and South America.

He highlighted data from the National Bureau of Statistics indicating that only 54% of stolen vehicles were recovered between 2013 and 2015, illustrating the scale of the problem.

“This trend undermines our legitimate automotive market, strains our security infrastructure, and damages Nigeria’s international reputation,” Adeniyi said.

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He noted that the illegal trade was affecting President Tinubu’s economic reforms, aimed to position Nigeria as a trusted hub for international commerce.

To combat this challenge, Adeniyi disclosed that the NCS had launched Operation Hot Wheels, a collaborative initiative involving the Economic and Financial Crimes Commission (EFCC), Canadian authorities, and international law enforcement agencies.

The operation focused on intelligence sharing, surveillance, and interdiction to disrupt vehicle trafficking networks.

Adeniyi disclosed that the operation uncovered sophisticated smuggling techniques, including false cargo declarations and containerized shipments used to conceal stolen vehicles.

During one operation, officers intercepted a container at Onne Port in Rivers State declared to contain used vehicles and spare parts.

A physical examination revealed three undeclared 2021 Toyota Highlanders, two of which were confirmed stolen from Canada.

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