Former Nigerian Presidents Olusegun Obasanjo and Muhammadu Buhari have presented a strong defence for Nigeria at the International Chamber of Commerce (ICC) in Paris, France. The case involves a $2.3 billion arbitration filed against the Federal Government by Sunrise Power and Transmission Company Limited over an alleged breach of contract for the Mambilla Power Project.
Sunrise Power accused the government of failing to honour a purported 2003 agreement, demanding compensation to cover expenses on financial and legal consultants. However, during the proceedings, the company faced setbacks as its witnesses failed to testify.
Obasanjo and Buhari, known for their forthrightness, told the tribunal that no valid contract was awarded to Sunrise Power for the $6 billion Mambilla Power Project in Taraba State. The former leaders disputed the company’s claims, asserting that the purported agreement lacked approval from the Federal Executive Council (FEC).
They highlighted that the letter relied upon by Sunrise Power was signed by then-Minister of Power, Dr. Olu Agunloye, a day after the FEC had rejected the contract. Agunloye, who is currently facing trial in Abuja for forgery and corruption related to the project, has denied wrongdoing, accusing the government of using him as a scapegoat.
Testimonies from Obasanjo and Buhari were backed by key figures, including the Attorney-General of the Federation, Lateef Fagbemi (SAN), his predecessor, Abubakar Malami (SAN), former Minister of Power Babatunde Fashola (SAN), and former Minister of Water Resources Suleiman Adamu.
According to sources, the two former presidents’ testimonies bolstered Nigeria’s defence, exposing the company’s claims as fraudulent. A source noted, “The government’s ability to secure the testimonies of Obasanjo and Buhari demonstrates its strong commitment to protecting Nigeria’s interests.”
The Arbitration Court held a week-long hearing from January 18 to 23, during which Sunrise Power’s case suffered a blow as its witnesses, including Dr. Agunloye and a key foreign consultant, failed to appear. The absence of evidence weakened the company’s arguments, while Nigeria’s legal team presented a compelling defence.
Obasanjo, who voluntarily testified, said his decision was driven by a need to refute Agunloye’s “atrocious claims” and clarify that no contract was awarded during his administration. He emphasized that no minister in his government had the authority to approve contracts above N25 million without presidential consent.
Buhari returned to Nigeria after his testimony in Paris, which further solidified the government’s position against Sunrise Power.
Sunrise Power initiated the arbitration in October 2017, claiming $2.354 billion in damages. The tribunal’s decision will be pivotal in determining the outcome of the protracted legal battle.
