₦airaland Forum

Former President Muhammadu Buhari will take the stand on Monday in the $2.3 billion arbitration proceedings filed against Nigeria by Sunrise Power at the International Chamber of Commerce (ICC), Paris, France, over an alleged breach of contract by the federal government.

Social media posts — since denied by the Nigerian presidency — had claimed Buhari already testified on the disputed Mambilla hydropower project, but TheCable can report that arbitration hearings will only commence on Monday.

President Olusegun Obasanjo is also in France to give his testimony.

Meanwhile, Michael Aondoaaka, the former attorney-general of the federation (AGF) who had earlier filed a witness statement in support of Sunrise, has suddenly left Paris reportedly claiming that he was summoned back to Nigeria by President Bola Tinubu.

TheCable understands that this may be part of the overall strategy of the Sunrise team to allege witness intimidation by the Nigerian government and secure the sympathy of the tribunal members.

A presidency official told TheCable on Sunday that Aondoakaa was not summoned by Tinubu.

A social media post had previously alleged that Tinubu forced Buhari to testify — another tactic believed to be aimed at strengthening a witness intimidation argument at the tribunal.
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However, Buhari previously wrote to Lateef Fagbemi , the AGF, in January 2024 denying granting Abubakar Malami, the former AGF, the authority to enter into a $200 million settlement agreement with Sunrise.

In yet another development, an article written by one “Dr. Anthony Ibrahim” who claimed to belong to “Truth and Justice Group, Camberwell Green, London, UK”, had leaked extensive details of the tribunal filings which are normally kept confidential per arbitration rules.

The article, which created the impression that Nigeria was going to lose the case, was widely circulated on social media.

An extensive Google search by TheCable, however, did not provide any internet footprint of “Dr. Anthony Ibrahim” as a commentator or “Truth and Justice Group, Camberwell Green, London, UK”, leading to suspicion that it might have been ghost-written as part of a propaganda campaign by an interested party.

The mambilla saga

Sunrise had, on October 10, 2017, started arbitration against Nigeria at the ICC International Court of Arbitration, Paris, France, seeking a $2.354 billion award for “breach of contract” in relation to a 2003 agreement to construct the 3,050MW plant in Mambilla, Taraba state, on a “build, operate and transfer” basis valued at $6 billion.

In the second arbitration, the company is asking for a $400 million settlement being the terms of the Nigerian government failing to honour the settlement agreement both parties entered into in 2020 to end the arbitration.

In an interview with TheCable in 2023, Obasanjo challenged his former minister of power, Olu Agunloye, to tell Nigerians where he derived the authority to award the contract to Sunrise in 2003.

“When I was president, no minister had the power to approve more than N25 million without express presidential consent. It was impossible for Agunloye to commit my government to a $6 billion project without my permission and I did not give him any permission,” Obasanjo told TheCable.

“If a commission of inquiry is set up today to investigate the matter, I am ready to testify. I do not even need to testify because all the records are there. I never approved it.

“When he presented his memo to the federal executive council (on May 21, 2003), I was surprised because he had previously discussed it with me and I had told him to jettison the idea, that I had other ideas on how the power sector would be restructured and funded.

“I told him as much at the council meeting and directed him to step down the memo. I find it surprising that Agunloye is now claiming he acted on behalf of Nigeria. If I knew he issued such a letter to Sunrise, I would have sacked him as minister during my second term. He would not have spent a day longer in office.”

Agunloye defends himself

However, Agunloye rejected the former president’s accounts on the project, alleging that the Nigerian government was using him as a scapegoat to escape sanction for abandoning contractual agreements on the project.

Agunloye insisted that the contract for the project was duly awarded in 2003 by the Obasanjo’s administration on a Build, Operate, and Transfer basis.

But Buhari’s administration was said to have communicated the decision to cancel the agreement to the promoter of Sunrise Power, Mr. Leno Adesanya, and Mambilla Power in April 2020.

The Economic and Financial Crimes Commission (EFCC) had also sought to arrest Adesanya and charge him with bribery and economic sabotage but he denied the allegations and proceeded to arbitration.

Adesanya also defended himself against EFCC’s decision to declare him wanted after Sunrise Power and Transmission Limited was accused of offering bribes to Agunloye to win the contract.

The Federal High Court in Abuja presided over Justice Inyang Ekwo had stopped the EFCC from prosecuting Adesanya.

Justice Ekwo, in a judgment, also gave an order of mandatory injunction compelling the EFCC to remove Adesanya’s name and photograph from its wanted list.

However, an Appeal Court sitting in Abuja had stayed the execution of the judgment.

Agunloye is currently being prosecuted by the EFCC on seven counts of charges bordering on official corruption and fraudulent award of the $6 billion Mambilla Power Project contract.

Buhari: I refused to approve settlement

Buhari, on his part, denied authorising the settlementagreement of 2020.

“While I understood that my ministers of justice, power and water resources were approached by Sunrise and were engaging with various stakeholders that were involved in the project to resolve the issues blocking the project’s implementation, at no time did I specifically instruct them to enter into and conclude any settlement agreement with Sunrise Power and Transmission Company Limited,” he wrote to Fagbemi.

“Indeed, when the proposed settlement agreement and addendum were presented to me for my consideration and approval on 20th April 2020, I refused to approve the settlement deal because I was convinced that there was no basis for Sunrise’s claim.

“I hope the above clarifications will assist you in your defence of our country from these ‘invisible contractors who all too often quietly take Nigeria for many millions in out-of-court settlements’, as I stated in my recent statement regarding Nigeria’s victory in the P&ID saga.”

I only defended myself- Aondoaka

When TheCable first reported that Aondoaaka had agreed to testify against Nigeria, he described the report as “fake news”, insisting he only defended himself because of the “unfounded allegations against me in certain paragraphs 165 and 166” of the country’s statement of defence and counterclaim before the tribunal.

However, he was silent on how he got the details of Nigeria’s claims, given that arbitration filings are strictly confidential and are not to be made available to a third party.

Aondoakaa’s witness statement was a direct response to Nigeria’s brief of argument as he quoted extensively from it — a clear indication that he had access to it.

Also, Aondoakaa was silent on who invited him to make a witness statement if he was indeed not a witness for any party in the arbitration and, therefore, had no right of audience.

But TheCable confirmed that Aondoakaa was listed as a witness by Sunrise Power, which is relying on his witness statement in its brief of argument.

If he eventually fails to take the stand to testify, his witness statement will be deemed abandoned — but Sunrise can argue that he was intimidated by the Nigerian president to chicken out.

arbitration Mambilla Michael Aondoaaka sunrise power.

Tinubu: They Did it for Nigeria, I Never Asked Anybody to Do it

Meanwhile, President Tinubu, in a statement issued by his Adviser on Information and Strategy, Bayo Onanuga, emphasised that those defending Nigeria in the said case are doing so based on conviction and patriotism.

“The attention of the Presidency has been drawn to some fake news on social media about an arbitration proceeding in Paris to which the Nigerian Government is a party.

“The private proceeding, which should not have been reported in the media, is entirely confidential until the international arbitrators decide.

“While respecting the confidentiality of the proceeding, we wish to state categorically that President Bola Tinubu has not forced anyone to testify for or to refrain from testifying against Nigeria.

“All the eminent Nigerians involved in Nigeria’s defence are doing so willingly and out of sheer patriotism and conviction.

“President Tinubu and the entire country are grateful to them”.

Babangidapikin:
Now I see why the AGF was in Daura to meet Ex President Buhari, everyone get wetin dey pitch them for shoe. Since President Obasanjo didn't authorize the Project everything is null and void. All this claim and counter claim is just wasting every bodies time .. Some Mfucker ready to mortgage their Countries Future for peanuts.

However, Buhari previously wrote to Lateef Fagbemi , the AGF, in January 2024 denying granting Abubakar Malami, the former AGF, the authority to enter into a $200 million settlement agreement with Sunrise.

zero8zero:
Try dey read, it helps.

Babangidapikin:
I did read , perhaps that is were they want to rope in ex President Buhari, the AGF in Buhari's time just doing what they didn't send him to do, the same thing OBJ's minister .. I think it all due to breaching lay down rules.

zero8zero:
https://www.thecable.ng/exclusive-buhari-set-to-testify-in-mambilla-arbitration-as-aondoaaka-withdraws-support-for-sunrise/

Ojuntana:
Sahara reporters and Premium times were once the darling of APC zombies

Every news from them during Jonathan's time was a hit back to back

One wonders when they became enemies and parted ways

I guess when the two papers began to publish news against their agbado ati ewa

JAMO84:
Obasanjo was busy removing governors, fighting Atiku and rigging elections. While his ministers were awarding power generation contracts worth billions of dollars to road side mechanics.

frankson1:
1. There's a reason they say "don't drink and drive".

2. The weed in your system is destroying your brain which makes you go off-point

JAMO84:
Obasanjo was busy removing governors, fighting Atiku and rigging elections. While his ministers were awarding power generation contracts worth billions of dollars to road side mechanics.

Sleekfingers:
But some nitwits on Nairaland are also praising OBJ . Obj is one of the most corrupt elements in Nigeria.

Ojuntana:
Sahara reporters and Premium times were once the darling of APC zombies

Every news from them during Jonathan's time was a hit back to back

One wonders when they became enemies and parted ways

I guess when the two papers began to publish news against their agbado ati ewa