EFCC Opens Mambilla Probe as Atiku, Malami, Others Named in ICC Arbitration Award

EFCC Opens Mambilla Probe as Atiku, Malami, Others Named in ICC Arbitration Award

The Economic and Financial Crimes Commission (EFCC) has reportedly constituted a special investigative team to examine alleged questionable transactions and dealings connected to the long-running Mambilla Hydroelectric Power Project, following a major International Chamber of Commerce (ICC) arbitration ruling involving Nigeria and Sunrise Power and Transmission Company Limited.

The development comes days after an ICC tribunal ruled in favour of the Federal Government of Nigeria, rejecting claims brought by Sunrise Power and its promoter, Leno Adesanya, over the controversial power project.

The reported EFCC investigation is expected to examine transactions and allegations arising from the 616-page arbitration award.

Among the individuals named or discussed in the tribunal proceedings are former Vice-President Atiku Abubakar, his former wife Jennifer Douglas Abubakar, former Attorney-General of the Federation Abubakar Malami, former Minister of Power and Steel Olu Agunloye, former National Security Adviser Sambo Dasuki, his son Abubakar Dasuki, former Solicitor-General of the Federation Abdullahi Yola, and former Permanent Secretary in the Ministry of Power Dere Awosika.

The appearance of a person’s name in the arbitration award does not, however, establish criminal liability. The reported EFCC investigation is a separate process through which allegations and financial transactions may be examined under Nigerian law.

The ICC tribunal rejected Sunrise Power’s claims against Nigeria, including a demand linked to an earlier settlement agreement. The tribunal also ordered Sunrise and Adesanya to reimburse Nigeria about $11.8 million in legal fees and expenses.

The arbitration was connected to the disputed Mambilla Power Project in Taraba State, which has been the subject of legal and contractual disagreements for more than two decades.

One of the transactions examined by the tribunal was a $500,000 payment made by Adesanya in January 2003 from an account associated with his offshore company, China Castle Investments Ltd, to a United States bank account belonging to Jennifer Douglas Abubakar.

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According to the tribunal findings, Adesanya said the payment was connected to a foreign-exchange transaction undertaken for Atiku through his bureau de change business.

The tribunal, however, said the explanation was not supported by sufficient documentary evidence. It noted that records establishing the underlying naira payment, exchange rate, instructions or other documentation corroborating the explanation were not produced.

The tribunal described the circumstances surrounding the transaction as raising significant questions, particularly because of its timing and Adesanya’s efforts to secure the Mambilla contract.

The tribunal also considered other payments involving individuals connected to the project, including payments allegedly made to former minister Olu Agunloye through an aide and a payment of about $1.74 million made to Abubakar Dasuki.

In relation to Atiku, the tribunal’s findings require particular distinction. While it examined the $500,000 payment and the circumstances surrounding it, the tribunal did not find evidence that Atiku used his position as a government official to secure the Mambilla contract for Sunrise.

That finding is significant because the EFCC‘s reported investigation should not be presented as an established finding of criminal wrongdoing against Atiku or any other individual named in the award.

The arbitration also contained critical findings concerning former Attorney-General Abubakar Malami.

The tribunal criticised Malami’s handling of settlement negotiations with Sunrise and, according to the award, raised serious concerns about his dealings with Adesanya.

The tribunal also concluded that the settlement arrangements at the centre of the dispute were not binding on Nigeria because the required presidential approval had not been obtained.

The findings concerning Malami are part of an arbitration award rather than a criminal conviction. Any criminal consequences would depend on further investigation and, where applicable, prosecution and adjudication by the appropriate Nigerian courts.

The Mambilla Power Project dates back to a 2003 arrangement for the development of a major hydropower facility in Taraba State. The project subsequently became embroiled in disputes over the validity of the contract, settlement agreements and compensation claims.

Sunrise Power later pursued arbitration proceedings against Nigeria, including claims running into hundreds of millions of dollars.

The latest ICC decision rejected the claims before the tribunal and was welcomed by the Federal Government as a major development in the prolonged dispute.

President Bola Ahmed Tinubu welcomed the ruling and said it removed a significant legal obstacle surrounding the project.

Sunrise Power promoter Leno Adesanya, however, said the company’s legal team would review the arbitration decision and consider available lawful options.

The reported EFCC investigation now introduces a separate domestic dimension to the Mambilla controversy.

Investigators are expected to examine the financial transactions, relationships and official decisions highlighted during the arbitration proceedings and determine whether any of the conduct amounts to offences under Nigerian law.

The EFCC has not publicly announced criminal charges against Atiku, Malami or the other individuals whose names appeared in the tribunal proceedings based on the reports surrounding the latest development.

Consequently, being named in the ICC Mambilla arbitration award should not be interpreted as equivalent to being charged with or convicted of a crime.

The latest development nevertheless places the Mambilla Power Project, the disputed financial transactions and the conduct of several former public officials under renewed scrutiny as the reported EFCC investigation progresses.

The focus will now be on what the domestic investigation establishes independently of the ICC proceedings, while the Federal Government continues efforts to advance the long-delayed hydropower project.

EFCC Opens Mambilla Probe as Atiku, Malami, Others Named in ICC Arbitration Award