MALAMI DISPUTES ICC TRIBUNAL’S FINDINGS IN MAMBILLA POWER DISPUTE

Former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, has rejected findings contained in an International Chamber of Commerce arbitration award concerning his role in the controversial Mambilla Hydroelectric Power Project dispute. Malami said the arbitration was a commercial proceeding between parties and should not be presented as a criminal trial or conviction against him. His response followed the tribunal’s final award, which rejected claims brought against Nigeria by Sunrise Power and Transmission Company Limited over the long-running project.

The 616-page final award, delivered in Paris on September 16, 2026, dismissed Sunrise’s claims connected to the Mambilla project and ordered the company and its promoter, Leno Adesanya, to reimburse Nigeria for a substantial portion of its legal costs. Sunrise had sought $680 million in one aspect of the dispute and was also pursuing more than $2.7 billion in compensation and interest over issues surrounding the development of the power project. The tribunal also rejected a separate demand for $400 million arising from a 2020 settlement agreement and an alleged default payment.

However, the tribunal reportedly made adverse findings concerning Malami’s handling of the settlement negotiations with Sunrise and described evidence of what it considered a corrupt arrangement involving the former AGF and Adesanya. Malami, in a statement issued by his Special Assistant on Media, Mohammed Doka, denied that his official actions were motivated by any corrupt agreement or personal financial benefit. He said such allegations should be assessed against the complete documentary and evidentiary record, including whether he received money or any other financial benefit from Adesanya, Sunrise or related entities.

Malami also provided historical background to his involvement, arguing that the dispute did not originate during his tenure as Attorney-General. He said Sunrise became involved in the Mambilla project in 2003, while successive administrations and Attorneys-General dealt with contractual disagreements involving the company. According to him, previous government officials had explored settlement options before he assumed office, while the Federal Government entered into a General Project Execution Agreement involving Sunrise and Sinohydro in November 2012. He said his involvement came later through government and presidential processes aimed at resolving the dispute and addressing the project’s financing difficulties.

The former AGF said Sunrise had demanded $500 million during negotiations in London in November 2019 before government representatives proposed lower figures, eventually arriving at a proposed $200 million settlement. He stressed, however, that former President Muhammadu Buhari did not approve the payment, including a later request made in January 2021. Malami said he subsequently directed government lawyers to resist Sunrise’s efforts to enforce the settlement against Nigeria. While the ICC tribunal’s findings and Malami’s response remain subjects of public discussion, the arbitration itself ended with Nigeria defeating Sunrise’s claims and receiving an order for reimbursement of part of its legal expenses.