₦airaland Forum

EXCLUSIVE: How Former Presidents Obasanjo And Buhari Contradicted Each Other To Destroy Nigeria’s Case In Mambilla Arbitration

February 3, 2025

EXCLUSIVE

According to transcripts of witness statements exclusively obtained by SaharaReporters, former President Obasanjo testified before the court on January 22, 2025, arguing that the 2003 agreement on which Sunrise Power based its claims is invalid.

Former Nigerian Presidents Olusegun Obasanjo and Muhammadu Buhari gave conflicting testimonies before the International Chamber of Commerce Court of Arbitration in Paris, France, regarding the $6 billion Mambilla Power Project awarded to Sunrise Power. 

The dispute centres on the power generation and distribution contract given to Sunrise Power and Transmission Company of Nigeria in 2003. The Nigerian government has contested claims made by Sunrise Power and its Chairman/CEO, Chief Leno Adesanya, who is seeking $2.3 billion in compensation for an alleged breach of contract by the government. 

According to transcripts of witness statements exclusively obtained by SaharaReporters, former President Obasanjo testified before the court on January 22, 2025, arguing that the 2003 agreement on which Sunrise Power based its claims is invalid. 

He claimed that the agreement was signed by former Minister of Power, Dr. Olu Agunloye, 24 hours after the Federal Executive Council rejected the contract award to Sunrise Power. 

Obasanjo stated that a Nigerian minister lacks the executive power to unilaterally award such a contract, especially after the bid was dismissed by the Federal Executive Council (FEC).

However, during former President Buhari’s testimony on January 23, 2025, he repeatedly stated that he could not recall conversations and other details of the contract when questioned by the prosecution lawyer. 

In the few responses he did provide, Buhari contradicted Obasanjo’s testimony, admitting that Nigeria awarded the contract to Sunrise Power and Transmission Company. 

This prompted him to direct then Attorney General of the Federation, Abubakar Malami (SAN), and the Minister of Works and Power, Babatunde Fashola (SAN), to negotiate with the company. 

Buhari also appeared to undermine Nigeria’s case by insinuating that Nigeria, not Sunrise Power and Transmission Company, was the “extortionist.”"

Meanwhile, Agunloye is currently facing trial for forgery, disobedience, and corruption related to the power project.

The Economic and Financial Crimes Commission (EFCC) has accused Agunloye of awarding the contract without budgetary provision, approval, or cash backing. However, Agunloye claims that the government is using him as a scapegoat to undermine Sunrise Power's claims.

For instance, when questioned about the power of a minister in the Nigerian government, Obasanjo said, “The minister has no executive power. So as far as executive power is concerned, the minister is powerless.”

The former President said the minister derives his power from the chief executive (President) and the Federal Executive Council.

“I was a minister before. And within the Ministry of Works and Housing, if I want to do anything, maintenance of road and all that, it's my job. Building houses is my job. But when it came to what we call the Africa road network, and you have to talk of Mombasa to Dhaka, African road, that becomes beyond my power. I have to take it to the Federal Executive Council,” he said.

When asked by the prosecution lawyer if Agunloye had full authority as minister to issue the 2003 BOT award to Sunrise Company in the absence of a mandatory public procurement process in 2003, Obasanjo said no.

He said, “He had no power at all. Absolutely no power at all.

“I say that because for any issue of award of contract beyond 50 million, it must come to the council, and he brought the memo to council, and before he brought that memo to council, his predecessor, Agagu, started the process, and he then continued, and then he was given specific instruction what to do, and −− which is to bring a memo to council, and he brought a memo to council, and the memo −− he asked for five prayers; all the prayers were turned down. 

“He −− and the memo was withdrawn, which means that is the end of that memo. The memo was withdrawn. And the second aspect was thathe was given another mandate of what to do, to come back to council.

“Now, when you have the council, it takes three to four days before the conclusion of the council is prepared, and we have council every week. So you don't get another memo or a conclusion for at least five days.

 

“Now, a day after that memo was turned down, Agunloye wrote a letter awarding contract on behalf of the Federal Government of Nigeria. We, Government, the Government that I chair, where the Vice President was a member of the council and 40 other ministers and took decision, and then he came up and said −− now, can you show that letter, in a flimsy letter awarding $6 billion contract, and on what basis?

“Now −− and, in fact, if we take council meeting, before you can act on that council meeting, the minutes of the council meeting or what they call conclusion should come out, and they didn't come out for the first four to five days. 

“The second day, Agunloye wrote a letter, and that letter was hidden from me until very recently when, of course, I have to comment on it, which is the reason why I am here.”

Following further questioning along that line, Obasanjo insisted that Agunloye’s memo’s was killed, saying, “No because whatever he has brought in, Government funding or no Government funding, that memo was turned down and that memo died. Dead.”

The lawyer also asked Obasanjo if the extract of the FEC meeting of 21 May 2003 in evidence, showing Agunloye’s memo was killed, could not have been tampered with considering the former president’s claim of widespread corruption in his deposition.

Obasanjo answered saying, “I will not join you in saying that.

“What you are saying is that the Federal Government has cooked up something. I will not accept that for Nigeria and I will not accept that in anywhere. No.”

He said the document was taken from the archive, adding, “Because −− no, the corruption that I refer to does not go into the point of changing minutes. What are you saying, brother?

“I will still stand that the level of corruption does not go into Government documents being perverted the way you have (described).”

“There was no contract as far as Sunrise is concerned. No contract, no matter whatever he may say. No contract,” he added.

However, Buhari while being questioned said he directed Babatunde Fashola to find a way to resolve the issues surrounding the Mambilla power project.

He admitted that the dispute between the Federal Government and Sunrise relating to the Mambilla Project was one of those issues.

But when asked if he received a proposal from Mr Fashola regarding how the dispute might be resolved, Buhari said he could not remember most of it.

He also said he could not remember if he instructed Mr Fashola to exclude Sunrise from the Mambilla Project during his administration.

When asked again: “Do you remember whether, at any stage, you instructed Mr Malami or Mr Fashola or your Chief of Staff to exclude Sunrise from the execution of the Mambilla Project?”

Buhari replied, “All I can remember is that both the ministers, Fashola and Malami, were with me −− with me for the eight years. I was there in power, and I gave them full responsibility for −− to run their ministries. So I cannot remember off head details of what individually they did in their ministries.”

Buhari was asked: “Did your administration cancel the 2012 general project execution agreement between Sunrise and the Federal Government before the EPC contract was entered into in 2017?”

The former president replied, saying, “As I said, the ministries, they have −− they know their limitations, how much contract they can award, but there are also facilities for them to take what is above their authority to the Council.”

Not satisfied with Buhari’s response, the lawyer asked again and the former president said, “I could not remember, honestly.”

Buhari later said Nigeria awarded the contract to Sunrise company, contradicting Obasanjo’s position in his testimony.

He said, “Yes, I think Nigeria gave the contract to them and then, of course, could not pay, I think, could not finance it.”

When the lawyer asked: “Do you accept, therefore, that the Sunrise problem was a self −inflicted problem created by Nigeria for itself?”

Buhari replied, saying, “Well, on −− on the 12th and 18th −− I think Sunrise can accuse Nigeria, virtually successfully, for giving its contract and refusing to own up giving the contract.”

He also said Sunrise Power and Transmission Company was not wrong to have sued Nigeria for alleged breach of agreement, saying, “Yes, there is nothing wrong for them to −− you know, to go on a litigation, let me put it that way.

“−− you know, for −− for refusing to honour the contract given to them.

“Well, if the contract was formally given to them, they cannot be accused, you know, of refusing to perform, if the contract is virtually given to them legally.”

Buhari said he also gave his ministers approval to negotiate a settlement with Sunrise company and that when they agreed to $200 million, he told them Nigeria could not afford it.

“Yes, I think I −− I was aware about it, but I said I disapprove it. It was more than $200 million, United States dollars,” he said.

The lawyer asked, “And that agreement that they reached was with your authority and permission, wasn't it? You authorized them to agree that figure; any figure they were comfortable with. Is that right, Mr President?”

He replied, “Yes, I authorised them to −− to discuss and agree, but −−.”

Buhari insisted that Nigeria could not afford to pay $200 million, saying, “We don't have the $200 million. This is what I said. We don't have the 200 million United States dollars, and it's true. We don't have.”

However, the lawyer read a letter Malami wrote stating that the then finance minister said Nigeria could afford to pay the money in instalments.

Buhari agreed that it is wrong for a government to enter into a written contract and then walk away from it.

When further asked: “Do you also agree that it is more offensive for the same Government which has breached a written contract to turn round and call the other party an extortionist?”

Buhari replied, “Well, I think in this case, it's the Government that is an extortionist.”
 

 

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Two things will happen here....

One tribe will badmouth their ex leader and insult him and won't support any crime he committed...

The other tribe will come out to accuse the court and they will support the crimes he committed and will rejoice and celebrate after his victory.

The reason we can't move forward is because a certain group up people see corruption as their right... Nobody from that region gets faulted for stealing government funds.

Buhari wey no Sabi anything. His statement will be utterly useless in a law court. I'll rather take OBJ's word for it

Two of them are right. Buhari has no way of knowing if agunloye forged the document or not. Why? Because OBJ may initially have authorised that letter without FEC but later backtrack and run to FEC after sunrise refused to give him his bargained kickback upfront given that 2023 was election year and he needed money for election. OBJ should produce the minute of the meeting that declined to give agunloye approval to prove his point. OBJ should provide the court other government contracts above N50m and also below signed by himself or not to support his claim that minister cannot authorise contract above N50m

But I still think buhari is being honest here. The papers from sunrise is legal documents from the government. So there is no way he could know if the paper is genuine when he was in power

Buhari is just too dull and has proven that beyond reasonable doubt once more. He instructed Nigerian officials to "negotiate and agree" then turned around to say Nigeria and cannot afford what has been agreed
OBJ is more believable here.

The minister must have an insider in the FEC who can create a background error in the minutes to give him some kind of technical loophole to sign a document not backed in the actual minute o meeting.

DR. OLU AGUNLOYE WAS RECKLESS, CARELESS AND IRRESPONSIBLE HERE.
BUHARI TOO WAS IRRESPONSIBLE, CARELESS AND NEGLIGENT.
EVERY ACTION OF GOVERNMENT MUST BE SUPPORTED BY THE APPROVAL OF THE FEDERAL EXECUTIVE COUNCIL.

Ruke1989:
Two of them are right. Buhari has no way of knowing if agunloye forged the document or not. Why? Because OBJ may initially have authorised that letter without FEC but later backtrack and run to FEC after sunrise refused to give him his bargained kickback upfront given that 2023 was election year and he needed money for election. OBJ should produce the minute of the meeting that declined to give agunloye approval to prove his point. OBJ should provide the court other government contracts above N50m and also below signed by himself or not to support his claim that minister cannot authorise contract above N50m

But I still think buhari is being honest here. The papers from sunrise is legal documents from the government. So there is no way he could know if the paper is genuine when he was in power

Buhari is a dunce,he is claiming Nigeria awarded the contract and can't remember anything concerning the discussion with his ministers for 8years. Omo who voted for Buhari and yet OBJ remembered everything during his time

Ruke1989:
Two of them are right. Buhari has no way of knowing if agunloye forged the document or not. Why? Because OBJ may initially have authorised that letter without FEC but later backtrack and run to FEC after sunrise refused to give him his bargained kickback upfront given that 2023 was election year and he needed money for election. OBJ should produce the minute of the meeting that declined to give agunloye approval to prove his point. OBJ should provide the court other government contracts above N50m and also below signed by himself or not to support his claim that minister cannot authorise contract above N50m

But I still think buhari is being honest here. The papers from sunrise is legal documents from the government. So there is no way he could know if the paper is genuine when he was in power

Suffering from comprehension problems or you are playing dumb in order to defend Buhari the dullard?

I knew it.

If Nigeria is fined or loses this case,it will be because of Buhari

Man is so dumb. Has nothing,absolutely nothing upstairs

Oluya

Oakenshield:
Buhari is a dunce,he is claiming Nigeria awarded the contract and can't remember anything concerning the discussion with his ministers for 8years. Omo who voted for Buhari and yet OBJ remembered everything during his time

Physically looking at dem. OBJ is still alive, coherent and smart at old age. But the other man buhari has passed away while he was still alive. Buhari was known to have dementia even before we voted him. Also, he lacked coherence. I guess the lawyers, trained him to use I don't remember just to reduce his chances of making blunders under cross examination. Knowing fully well that OBJ is sound enough to defend his side. But buhari still failed despite the coaching. Buhari is not anymore aware of what happens around him in this terrestrial earth

Na Babylon Happened to dem ni

Nigeria


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