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Couple who lost older son to NDLEA officials’ bullets battle to save second baby’s sight
Couple who lost older son to NDLEA officials’ bullets battle to save second baby’s sight
Eromonsele, a less than two years old toddler, faces the risk of losing his sight unless urgent steps are taken to fly him abroad for necessary medical attention.
Much as his parents have tried to put behind them the ugly experience of their eldest son’s death from bullets fired by some yet to be identified NDLEA officials, Eromonsele’s painful cries every night evokes an ugly reminder of the tragic incident.
“At times when he cries, you see blood coming out from that particular eye,” said Eromosele’s distraught father, Fidelis, as he fought back tears. “The way they programmed the use of my son’s eye drop is somehow. We must do it every two hours to avoid infection and we must apply it without failing,” he added.
The sleepless nights and huge sums spent on Eromonsele would have mattered less to the distraught parents if they are certain that the solution lies in them. But the solution, according to medical experts, lies in flying him abroad, the US to be precise, for advanced medical care.
“After trying their best, doctors at Federal Medical Centre, Asaba where the two kids were initially rushed to said they would have to refer him to Lagos because the situation of the eye was not one they could handle.
Fidelis said: “We came to Eye Foundation in Lagos and were there for more than one week. The consultant later said because he (Eromosele) is a little child, they did not have the machine to see through the cornea of the affected eye because the damage was much.
“He advised that it would be better for us to take him out of the country. We had to come back to Asaba where another ophthalmologist also said the best thing for us is to fly him out of the country.”
Fidelis recalled that while they were in Lagos, NDLEA officials kept calling, “and I told them we were in Lagos trying to stabilise the boy, because at that point, he was not talking. I said I would get in touch with them when I got back to Asaba.
“On getting back to Asaba, I called the number that was calling me but it was not reachable. The controller that was there before had been transferred. After that period, they abandoned me.
“When I came back to Asaba, I also tried to communicate it to them that we were back and that Eye Foundation said they could not do it; that the child needed medical attention in the US. But the NDLEA started telling me that they would come today, they would come tomorrow.
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“They were doing all that because it is not any of their sons. This is my son. I have to do anything I can at this level to see that I save my little boy.”
Personal efforts to fly child abroad
Seeing that the NDLEA was not forthcoming, one of Fidelis’ friends stepped in and helped him to do USA visa applications for his family.
He said: “We processed the passports and all that on our own since NDLEA was not responding. I communicated with them to let them know what I was doing and they said they would get back to me.
“The legal officer later said they did not have money. The bill given to me for the treatment in the US was between N60 million and N70 million.

Late Ivan
“We contacted a doctor over there who promised to assist. She said the surgery would not be done in her hospital but that she would help us coordinate the system for my son to be taken to a teaching hospital there.
“She said the most important thing was to bring my son there. But the only thing she would not assure me was that she would give me a visa. The NDLEA, at least, can write and stand and help us to coordinate everything in the US.
“I made everything known to the NDLEA and the chairman later called me to condole with me. He said he was currently not in the country but whatever the case, he was coming to Asaba.
“He said he wanted to send me some money but I said on what account are you sending me money? He said no, it was not from NDLEA; that he was sending me the money in his own personal capacity because he saw my son as his own grandson.”
After that period, Fidelis said, there was a break in communication.
Delta State governor, SSG step in
Fidelis recalled that when the incident occurred, the Delta State governor and the Secretary to the State Government (SSG) came and said they were going to settle all the bills of which he had paid about 80 per cent.
“Since the governor said he was going to settle all the bills, I stopped going to the NDLEA because I was not hearing from them again.
“At a point, one of the PAs in the governor’s office said I should stop calling because it was NDLEA’s responsibility.
“One of my friends escalated the issue on social media, quoting the governor. After that, the SSG called, saying that he thought we had long been sorted with the money that the governor promised.
“He said I should go and bring evidence of all the expenses I had made and the ones we were expecting to make. I went and gave everything to him and he said he was very sorry he never knew that the whole incident had not been sorted.
“He said that the governor actually had intention of giving me money to sort out things but because they were very busy, they didn’t know that it had not been sorted. This was between the end of October and early November 2023.”
Continuing, Fidelis said: “He said the governor would need to approve some money for me, including the one I was going to spend overseas and everything concerning the boy; that he was going to take over the responsibility.
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“He said they would write a letter to the US Embassy so that they could at least grant us a visa. The SSG wrote a letter, added all the applications I had done so far and sent it to the Abuja embassy of the US.
“He tried his best and also helped me to connect to a doctor in the US to help me out and make the necessary arrangements in the US concerning my son’s condition.
In the process of doing that, he said, “the NDLEA Chairman, Bubba Marwa, came on the 2nd of November to pay a condolence visit to me in my house in Asaba.
“Before then, our lawyer, because we had waited for NDLEA for a very long time, had already sent a petition through the senator representing this constituency, Senator Ned Nwoko, to the Senate.
Before Marwa came, we had to go to court for the civil suit. The government was handling the criminal case.
“When Marwa came, he told me that there was no need for court; that I should tell my family to see how we could take care of my little child so that we would send him to the United States for proper care.
“The NDLEA chairman went on air to say that he would fast track everything that I had been doing so that my son would be taken to the US for proper treatment.
“After he left, I went to meet my family member an told him what he said and the efforts of the SSG, and that we should withdraw the case.
“Later, the SSG told me that since the NDLEA had come into the matter, we should let everybody work together so that the state and the federal governments would not be working at cross purposes.”
NDLEA takes over
Going forward, the embattled father said NDLEA attached a protocol officer to him to start giving them all the necessary information on the document they needed to fly the child and the parents abroad.
“All the documents they needed from both here and Lagos Eye Foundation I submitted to them to expedite action, because we had already got a date.
“When you apply for US visa, they would give you a far date, but because it is a critical case, the government needs to come in to help us expedite it so that we can have a close date.
“Thereafter, the protocol officer asked me to resend all that had I sent before. I was wondering because we already got a date and only needed them to expedite it.
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“From November till December ending, nothing was done. I went and buried my son that was killed, hoping on what Marwa had said.
“I informed NDLEA about the burial and begged them to assist so that the other boy could see. They said okay, that they would do their best.
“I have kept begging the (NDLEA) chairman and everybody around him for help so that my son does not go totally blind. I have lost one already.”
When NDLEA was foot dragging with expediting the date given for the interview, Fidelis said: “My uncle helped us get a date, which was February 2nd 2024, for the visa interview. I told him the NDLEA was already working on it so that they could stand that they were sponsoring the trip. I so much believed Marwa’s words.
“To my greatest surprise, on the first of February, the NDLEA protocol officer called and said that there was a visa interview date for me. I said I hope it was not the date that one of my uncles had already got for me. Why are they capitalising on this?
“The protocol officer called me at about 8:30 pm when I was already sleeping. He said there was a date for me; that they saw it in their system. I told them that the date was more or less for the application I personally submitted and not theirs.
“Their legal officer said we should go to the embassy; that they would see how they could do a letter to them. Before then, NDLEA said I should change the location to Lagos because that was where they could do it with ease.
“I did so, but to my greatest surprise, it was the date that my uncle got that they told me about, and it was Abuja and not Lagos they asked me to change to.
“That very night, I called my agent and he booked a flight for my entire family. When it was our turn to be interviewed, they looked at the medical report and everything and said there was no NDLEA involvement in the process and so they would not be able to give us visa.
“They said we should go and do the needful and reapply. I thereafter messaged Marwa and he apologised. He reimbursed the money I spent on the flight from Asaba to Abuja.”
Within 48 hours, Fidelis said, “I submitted another application. I paid half a million from my pocket. The protocol officer then called, asking me to send my documents. I did all that.
“She said I should accept any date that they give me in the application so that they could expedite it. Since I did that till now, it has been still story upon story and my son’s condition is getting worse on a daily basis.
“I have been begging, I have been crying for them to save my son from losing his sight. They gave us 2025 for the second application I submitted. It is now left to the NDLEA to expedite it so that I can take my son out for treatment.
“Now the medical bill has been reviewed because of the exchange rate. It is now N150 million against the N67 million given to me.”
The genesis
Recalling how the problem began, Fidelis said: “On July 13, at about 4.20 pm, I went to get my children from school and took them to their mother’s shop on Opanam Road.
“Less than five minutes after I drove away from the shop, my wife started calling that I should come. She was shouting bullet! bullet! She didn’t know where the bullets came from because they were inside the shop.
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“I turned back immediately. Coming back, I sighted about three NDLEA vans . I stopped. But before I could get to the shop, I had sighted NDLEA officials. They were just shooting, and people were running around.
“Before I could get to the shop, I saw my wife and my children. People were shouting, trying to help my wife to take my children to the hospital, and I told them that they should go.”
He continued: “The NDLEA men parked in front of my wife’s shop. I now went to go and meet them. I said, ah, the bullet you people fired just now injured my child. The man did not even look at me. He just faced the other side.
“I brought out my phone and snapped them, snapped the vehicle and snapped the guy inside the vehicle.
“Before I knew it, they rushed at me, asking why I was snapping them? They said I should bring the phone.
“Before I knew it, they just entered their vehicle and zoomed off. That was when I followed them. I was crying, shouting and videoing them.
“At a point, they stopped and asked why was I videoing them. I took time to tell them what they did. He said is that so? That they didn’t know.
“They called one of their persons in their office, which is the commander, who spoke to me and asked me to come to their office. I followed them to their office just to know the place.
“Thereafter, I went back to meet my kids at the hospital. I was told that my older son, two years and five months old, and the younger one, who was one year and a few weeks old, were in the theatre.
“The medical doctor said I could not see them and that I should hold on because they were working on them.
“They told me that bullets pierced through my son, Ivan’s chest, and came out from the back. The other one, they said the bullet pierced through the glass and entered his eyes. The eye was bleeding and all that.
“At about 11 am or thereabouts, the older one, Ivan died.
“The second child was not closing his eyes, so they were trying to see how they could bring him back to life.
“Along the line, we went to keep the deceased one in a mortuary to see how the other one would survive.
NDLEA, Delta govt deny allegations
The NDLEA has denied the allegations by Fidelis.
Speaking on a telephone interview with our correspondent, the spokesman of the agency Femi Babafemi said: “We sympathise with the parents and we stand on our promise to support the family. Nothing has changed from the promise made by the Chief Executive of the agency because he is a parent, he is compassionate and he feels for them. Let me put in on record that we provided all the necessary documents that we required to provide to assist the family. We wrote a letter to the US Embassy , confirming that we are the ones sponsoring their trip and listed all their names. And that we are also responsible for the medical bills. All of that was stated in our letter to the US embassy. Besides that, even their coming to Abuja, all their expenses both travels and accommodation, we paid for that.
“How can that translate to abandoning them? That is not tantamount to abandoning them. Unfortunately, we cannot dictate to the Embassy when they will issue the visa. That is certainly not within our control. I have been in touch with the parents and even after they were denied visa the first time. I encouraged them to reapply. The chairman of the agency himself has been in touch with the officials of the US Embassy on this issue. We have always shown the urgency on that. We are also in touch with the state government to ensure that everything works well and they get to travel for the treatment. Certainly we have not in any way deviated from our promise to support and assist them. All that we have done cannot be interpreted to mean that we have abandoned them.”
Asked if the agency has been responsible for the boy’s hospital bills, Babafemi said: “We have a full directorate of medical services. If they need us to handle all of that, we will do. We do within what we know. We pay what we know. We take responsibility for what we know but not what is done behind us that we don’t know. There are no expenses locally that we know of that we have not assisted.”
The Secretary to the Delta State government, Dr Kingsley Emu also denied that the state has been supporting the family and hasn’t reneged on its promise.
He said: “The state is very sympathetic to what happened to the family. It is a big loss that nobody can sweep under the carpet. We have demonstrated as a state significant physical, financial and moral sympathy in this direction. The state picked up the whole bills at the hospital here and that can be verified at the FMC. Every bill on this matter as at the time we visited, we picked up. We also understand that the NDLEA picked up some bills when he went to Lagos. I think Eye Foundation did some refund. I have been having discussions with him as a friend and as a rep of the state. What he wanted is to take the child abroad with the family which is okay. The governor directed me and he announced that on the television to issue a letter of recommendation to the embassy which is the maximum we can do in this matter. Like you know, a visa is a privilege. We did that.
“NDLEA came several times and has done similar things. NDLEA has a bilateral relationship with the United States on drugs related issues and they have made a lot of entreaties with them. I don’t want to talk about small small cash gifts in between. But to turn around and say that we have abandoned him is not correct. Until last week, he sent me a text and showed me the heaps of eye drops that the family had expended on the boy’s eyes. If he gets a visa, NDLEA has undertaken to write off all the bills abroad. That was what the chairman told me. The NDLEA chairman was here in Asaba to see him. Ask him if he has sent any bill, one document. Ask him to show evidence of any document he has shown and the expenditure that he did and we didn’t support him.”
Continuing, he said: “Even as he waits for the visa to come, which is his preference and which I also support for first class medical attention, there is no bill. Ask him to show you one a who he communicated with. Who did he discuss with? Where is the bill communicated formally to the state?
“The state is still pushing for him to go. If he tells us today that we should look for an alternative solution in any hospital, we would be able to help him. If he has made up his mind to treat the problem locally and he has a bill, let him bring it.”
Couple who lost older son to NDLEA officials’ bullets battle to save second baby’s sight
The Nation
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Tinubu Orders Full Probe Into 37 Miners’ Deaths in NSCDC Custody
Tinubu Orders Full Probe Into 37 Miners’ Deaths in NSCDC Custody
President Bola Ahmed Tinubu has ordered a full and transparent investigation into the deaths of 37 suspected illegal miners who died while in the custody of the Nigeria Security and Civil Defence Corps (NSCDC) in Minna, Niger State, saying the suspension of officers is only an administrative measure and will not replace criminal prosecution where evidence establishes wrongdoing.
The President’s directive followed growing public concern and protests over the deaths, which occurred after the victims were arrested during enforcement operations against suspected illegal mining in parts of Minna.
Tinubu said no Nigerian should lose their life in government custody as a result of negligence, abuse, inhumane treatment or dereliction of duty, stressing that people suspected of illegal mining retain their rights to life, dignity and humane treatment while in custody.
The victims were among scores of people arrested during operations conducted on September 15 and 16 around the M.I. Wushishi/Lukoto axis of Minna. The NSCDC said the operation was aimed at enforcing government measures against illegal mining and addressing concerns over mining activities affecting farmland and residential areas.
The NSCDC Niger State Command initially said some of the detainees were found dead in the early hours of September 17 following what it described as a suspected disease outbreak.
However, the corps has stressed that the actual cause of death has not been established and that medical and laboratory examinations are required before any conclusion can be reached.
The bodies were taken to the General Hospital in Minna for medical examination and autopsies, while the police and other authorities have commenced separate investigations.
Tinubu directed investigators to examine the circumstances surrounding the arrests, the condition of the detainees when they were taken into custody, the number of people held at the facility, the detention conditions, medical attention provided to them and the events leading to their deaths.
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He also ordered the Ministry of Interior and NSCDC leadership to cooperate fully with all relevant investigative authorities and ensure that no officer interferes with the process.
The President specifically said the suspension of officers involved must not be regarded as a substitute for determining criminal responsibility.
Where investigations establish that an official contributed to the deaths through action, abuse or negligence, Tinubu directed that the person should be arrested and prosecuted in accordance with the law.
The Federal Government had already suspended the Niger State NSCDC Commandant, Suberu Siyaka Aniviye, following the incident.
Interior Minister Olubunmi Tunji-Ojo ordered the suspension and directed a comprehensive investigation into the circumstances surrounding the deaths.
The NSCDC Commandant-General, Professor Ahmed Audi, also constituted an investigative team headed by the Deputy Commandant-General in charge of intelligence and investigation.
The team is expected to examine the condition of the detainees when they were arrested, the period they spent in custody, the conditions under which they were detained and the medical attention they received.
The NSCDC has said it will refrain from speculating on the cause of death until the medical examination is completed.
The controversy has been heightened by accounts from survivors and relatives of the victims.
A survivor identified as Dauda Shehu told the Associated Press that about 65 detainees were packed into a poorly ventilated cell and that those inside struggled to breathe before several people died.
Another survivor alleged that a substance was sprayed inside the cell before people began collapsing.
Those accounts have not established the cause of death, and authorities have not confirmed the allegations. The medical and forensic investigations are expected to determine whether overcrowding, ventilation problems, illness, exposure to a hazardous substance or another factor contributed to the deaths.
The deaths have also prompted calls for an independent investigation from Amnesty International, which said the victims included minors and urged authorities to establish how the detention of the suspects resulted in the deaths.
The organisation called for a prompt, thorough, independent, impartial and transparent investigation and said anyone found responsible should face justice.
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The incident has also triggered protests in Minna, with residents and relatives demanding answers over the deaths.
Security forces were deployed as protesters gathered around government and NSCDC facilities. Reports said police used tear gas to disperse demonstrators, while other reports indicated clashes and damage to property during the unrest.
The Niger State Government subsequently imposed a 24-hour curfew in Minna following the protests and reported destruction of public and private property.
Governor Mohammed Umaru Bago also suspended mining activities across the state as part of measures announced in response to the incident and wider security concerns.
The governor had earlier declared three days of mourning for the victims and constituted a committee of inquiry to investigate the circumstances surrounding the deaths.
Bago said the committee would work with medical and forensic experts to establish what happened, cautioning against reaching conclusions before the completion of the examinations.
The state government is also compiling information on the deceased to assist with identification and contact with their families.
The Nigeria Police Force has opened a separate investigation into the deaths.
Inspector-General of Police Olatunji Disu has visited Niger State as part of efforts to understand the circumstances surrounding the incident. The police have urged relatives of the deceased and members of the public with credible information to cooperate with investigators.
The Federal Government has also deployed a team to Niger State to assist with the investigation.
The tragedy has raised broader concerns about custodial conditions, detention procedures and accountability within security agencies, particularly where suspects are detained during enforcement operations.
The incident has also renewed debate about the enforcement of the government’s campaign against illegal mining.
Authorities have intensified operations against unlicensed mining in several parts of Nigeria, citing environmental degradation, destruction of farmland and concerns that illegal mining networks can provide financial support to armed criminal groups.
The Tinubu administration has maintained that the fight against illegal mining will continue, but the President has stressed that enforcement agencies must operate within the law.
He said the government must not allow the pursuit of one form of illegality to create another violation.
The President’s position is that suspected illegal miners must be subjected to due process and humane treatment regardless of the allegations against them.
Meanwhile, the exact circumstances surrounding the deaths remain unresolved.
The NSCDC’s initial reference to a suspected disease outbreak has not been established as the cause, while survivor accounts have raised questions about overcrowding and ventilation.
There have also been allegations of exposure to an unidentified substance, but these remain unverified.
The results of the autopsies, medical examinations and forensic investigations will therefore be crucial in establishing what happened to the detainees and determining whether any individual or institution bears responsibility.
The tragedy has also prompted calls for the identities and detention records of the victims to be made public and for families to receive appropriate support if wrongdoing is established.
President Tinubu has extended condolences to the families of the deceased and appealed for calm, assuring affected communities that the Federal Government will pursue the truth and take appropriate action based on credible evidence.
The President has made clear that the suspension of the NSCDC commandant is not the final step.
If the investigations establish criminal responsibility, those found culpable are expected to face prosecution, while the findings could also lead to further administrative or institutional measures concerning NSCDC detention practices and the treatment of suspects in custody.
Tinubu Orders Full Probe Into 37 Miners’ Deaths in NSCDC Custody
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Xenophobia: FG Brings 33 More Nigerians Home From South Africa
Xenophobia: FG Brings 33 More Nigerians Home From South Africa
The Federal Government has facilitated the return of another 33 distressed Nigerians from South Africa, bringing to 1,716 the number of Nigerians repatriated under the ongoing consular evacuation exercise since June 10, 2026.
The latest group, comprising 17 adults and 16 minors, arrived in Nigeria aboard South African Airways flight SA060 at about 8:30 p.m. on Wednesday, September 16.
Officials of the Federal Ministry of Foreign Affairs, the Nigerians in Diaspora Commission (NiDCOM), the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) and other government agencies received the returnees upon arrival.
The latest operation is the 12th consular evacuation from South Africa since the exercise began in June, as the Nigerian government continues efforts to assist citizens who have become distressed or vulnerable in the country.
According to the government, it has fully funded the evacuation of 1,388 Nigerians, representing about 81 per cent of the total number repatriated so far.
The latest batch was supported through private funding initiatives involving Nigerian organisations and individuals.
The Private Nigerian Group of Business Friends (PNGBF) funded the return of 26 of the 33 Nigerians, while the Nigerian Lawyers Association in South Africa (NLASA) supported five others. A private citizen from Bayelsa State also funded the return of three Bayelsa indigenes.
Another 28 Nigerians were recently assisted to return home by the Igbo Lawyers Association South Africa.
The continued repatriation comes amid growing concerns over xenophobic and Afrophobic attacks involving Nigerians and other African nationals in South Africa.
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The Federal Government has said it is concerned about the safety and security of Nigerians living in the country and has raised the issue at regional and continental levels, including with the ECOWAS Authority of Heads of State and Government and the African Union Assembly of Heads of State and Government.
The government has also indicated that it is considering further measures to secure stronger cooperation from South African authorities in addressing attacks and protecting the rights and dignity of Nigerians in the country.
The latest evacuation also follows reports of the deaths of two Nigerian nationals in South Africa earlier in September.
The Nigerian Foreign Ministry identified the victims as James Uchechukwu Nwankwo, who died in Cape Town on September 5 following what Nigerian authorities described as alleged abusive interrogation by South African police officers, and Bishop Taiwo Michael Fakunle, who was killed at his residence in Kensington, Johannesburg, on September 4.
The circumstances surrounding both deaths have generated concern in Nigeria, with authorities calling for appropriate investigations and accountability.
The incidents have further strained concerns surrounding Nigeria-South Africa relations, particularly over the safety of Nigerians living and doing business in South Africa.
Nigeria’s National Assembly has also suspended official visits to South Africa and boycotted legislative activities hosted by the South African Parliament amid concerns over the safety of Nigerians and other bilateral issues.
The Federal Government has meanwhile urged Nigerians still living in South Africa to remain vigilant, obey local laws and maintain contact with the Nigerian High Commission in Pretoria and the Nigerian Consulate General in Johannesburg whenever they require consular assistance.
The government has also appealed to state governments to complement its efforts by assisting their indigenes who want to return home.
Minister of State for Foreign Affairs Bianca Ojukwu said some Nigerians returning from South Africa had been forced to leave behind properties, businesses and other livelihoods because of the difficult circumstances they faced.
She has also commended state governments and private organisations supporting Nigerians returning to the country.
Among them is the Enugu State Government, which recently received 77 families comprising 112 indigenes returning from South Africa and provided financial assistance to help them rebuild their lives.
Nigeria’s Acting High Commissioner to South Africa, Temitope Ajayi, has also said that more than 1,600 Nigerians had returned through government sponsorship and various private interventions.
Ajayi noted that the challenges affecting Nigerians in South Africa extend beyond xenophobic attacks, explaining that some Nigerians who entered the country legally later encountered difficulties with residence documentation because of delays within the immigration system.
The Federal Government has continued diplomatic engagement with South African authorities while supporting Nigerians who voluntarily seek to return home.
The arrival of the latest 33 returnees brings the total number repatriated since June 10 to 1,716, highlighting the scale of the ongoing government and community response to concerns affecting Nigerians in South Africa.
The government is expected to continue monitoring the situation while pursuing diplomatic measures aimed at improving the safety and welfare of Nigerians who remain in the country.
Xenophobia: FG Brings 33 More Nigerians Home From South Africa
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Nigeria Wins $3.38bn Mambilla Arbitration Battle As ICC Rejects Sunrise Claims
Nigeria Wins $3.38bn Mambilla Arbitration Battle As ICC Rejects Sunrise Claims
Nigeria has won a major international arbitration battle over the long-delayed Mambilla Hydroelectric Power Project, after an International Chamber of Commerce (ICC) tribunal in Paris rejected claims by Sunrise Power and Transmission Company Limited that had put the country’s potential financial exposure at more than $3.38 billion.
The ruling, issued on September 17, 2026, is a significant development for the proposed 1,500MW Mambilla power project in Taraba State, which has been stalled for years by a combination of legal, contractual, financing and implementation challenges.
President Bola Ahmed Tinubu welcomed the decision, describing it as the removal of what he called the biggest legal obstacle to the project’s progress.
The dispute dates back to a 2003 agreement concerning the development of the Mambilla project. Sunrise Power subsequently commenced arbitration proceedings against Nigeria at the ICC in October 2017, initially seeking about $2.35 billion over an alleged breach of contract.
The parties later entered into a settlement agreement in 2020 under which Nigeria was to pay Sunrise $200 million. A subsequent disagreement over the implementation of that agreement led to another arbitration.
In the latest proceedings, Sunrise sought about $680 million, including the settlement sum and interest. A separate claim connected to disputes over the development of the Mambilla project was valued at more than $2.7 billion in compensation and interest.
Together, the related claims created potential exposure of more than $3.38 billion for Nigeria.
The ICC tribunal rejected Sunrise’s claim that Nigeria had breached its obligations under the settlement agreement and its addendum. It also dismissed the company’s request for Nigeria to pay $400 million, comprising the $200 million settlement sum and an additional $200 million claimed as a default payment.
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The tribunal further held that Leno Adesanya, the promoter of Sunrise Power, was bound by the arbitration agreement under the settlement arrangement. It also confirmed its jurisdiction over Nigeria’s counterclaim against Adesanya and his firm.
Rather than ordering Nigeria to pay the amounts sought by Sunrise, the tribunal directed Sunrise and Adesanya to reimburse Nigeria for 75 per cent of its legal fees and expenses incurred in the arbitration.
The legal costs were assessed at approximately $11.82 million. About $2.5 million is expected to be recovered from funds held in escrow by the ICC, while Sunrise and Adesanya are required to pay the remaining $9.32 million, with interest at 10 per cent annually, compounded annually, from notification of the final award until payment.
The tribunal also fixed the arbitration costs at approximately $1.66 million, with Sunrise and Adesanya responsible for 75 per cent and Nigeria responsible for the remaining 25 per cent.
The three-member tribunal was chaired by Melaine van Leeuwen, with Stavros Brekoulakis and Simon Nesbitt serving as co-arbitrators. Nigeria’s external legal team was led by Elizabeth Oger-Gross and Tolu Obamuroh of Paul Hastings LLP.
The outcome ends a major phase of a dispute that has followed the Mambilla power project for nearly a decade in international arbitration and more than two decades from the original project agreement.
The original proposal envisaged a 3,050MW hydroelectric plant in Taraba State under a build-operate-transfer arrangement. The project was subsequently revised as the government sought to reduce its cost and improve its prospects of attracting financing.
In 2021, the Federal Government announced that the planned capacity would be reduced by about half, from 3,050MW to approximately 1,525MW. The scheme was subsequently rescoped to around 1,500MW to make it more financially viable and “bankable” for lenders.
The original project had been associated with an estimated cost of roughly $5 billion to $5.8 billion, while the rescoped project has been put at around $4 billion in previous government discussions.
The prolonged delay has meant that the Mambilla scheme has yet to become an operational source of electricity despite its potential to significantly increase Nigeria’s generation capacity.
President Tinubu, in his reaction to the ICC ruling, commended Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, officials of the Federal Ministry of Justice and Nigeria’s external legal team for their role in defending the country.
He also acknowledged former President Olusegun Obasanjo and the late former President Muhammadu Buhari, who testified during the arbitration proceedings, as well as former Ministers of Power Babatunde Fashola and Suleiman Adamu and other witnesses and experts.
Tinubu also credited the National Security Adviser and the Economic and Financial Crimes Commission (EFCC) for their roles in the broader matter.
The President said Nigeria remained committed to working with genuine investors and honouring its legal obligations while defending the country against claims it considers detrimental to the national interest.
The original 2003 contract has also been the subject of separate domestic legal proceedings and investigations. Tinubu said the contract was not authorised by the Federal Executive Council (FEC). Those domestic proceedings are distinct from the ICC arbitration, which has now been decided in Nigeria’s favour.
The arbitration victory, however, does not mean that the 1,500MW Mambilla project is immediately ready for construction or electricity generation.
The government still has to address major issues involving project financing, construction, engineering, transmission infrastructure and implementation arrangements. Previous plans have included financing discussions involving the Export-Import Bank of China, while the project’s restructuring was intended to improve its bankability.
With the arbitration dispute now resolved, the focus shifts to securing the funding and completing the arrangements required to move the Mambilla project from a long-delayed proposal to actual construction and, ultimately, electricity generation.
Nigeria Wins $3.38bn Mambilla Arbitration Battle As ICC Rejects Sunrise Claims
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