EFCC Constitutes Special Team in Mambilla Power Probe, Names Atiku, Malami, Others
The Economic and Financial Crimes Commission (EFCC) has constituted a special team to investigate individuals linked to transactions and dealings examined in the International Chamber of Commerce (ICC) arbitration over Nigeria’s controversial Mambilla Hydroelectric Power Project.
The development follows a recent ICC tribunal ruling in Paris that rejected major claims brought against Nigeria by Sunrise Power and Transmission Company Limited over the 3,960-megawatt Mambilla project in Taraba State.
According to Premium Times, sources familiar with the matter said the investigation is being supervised by EFCC Chairman Ola Olukoyede. The commission is expected to examine payments and transactions highlighted by the tribunal as raising concerns.
The commission is expected to review the financial dealings identified in the arbitration.
ICC Tribunal Rules in Nigeria’s Favour
The ICC tribunal recently dismissed claims by Sunrise Power, which had sought $680 million from the Federal Government as a settlement sum and interest in connection with a separate arbitration in which the company was seeking more than $2.7 billion in compensation and interest.
The tribunal also ordered Sunrise Power and its promoter, Leno Adesanya, to reimburse Nigeria $11.8 million in legal fees.
It further rejected Sunrise’s attempt to compel Nigeria to pay $400 million under a disputed settlement arrangement involving an initial $200 million payment and a further $200 million default sum.
The tribunal also held that Adesanya remained bound by the arbitration agreement with Nigeria. It held that it had jurisdiction over Nigeria’s counterclaims against him and his company.
Atiku, Malami, Others Named
The tribunal’s findings examined dealings involving several Nigerian political figures and former public officials who had interactions with Adesanya.
Those named included former Vice President Atiku Abubakar; his former wife Jennifer Douglas; former Attorney-General of the Federation and Minister of Justice 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 EFCC investigation is expected to focus on the financial transactions and relationships identified in the tribunal’s findings.
Payments and Findings Examined
One of the transactions examined by the tribunal was a $500,000 payment made by Adesanya on January 30, 2003, from the Swiss bank account of his offshore company, China Castle Investments Ltd, to a US bank account belonging to Jennifer Douglas, who was then Atiku’s wife.
Adesanya told the tribunal that the payment represented part of a foreign-exchange transaction conducted for Atiku through his bureau de change business.
However, the tribunal said the explanation was not supported by sufficient documentary evidence. It noted that records showing the underlying naira payment, exchange rate, instructions from Atiku or his aides, correspondence and the commercial purpose of the transaction were not produced.
The tribunal also noted that neither Atiku nor Douglas provided a witness statement or declaration supporting the explanation.
The payment was made months before Sunrise was purportedly awarded the Mambilla Build-Operate-Transfer contract by then Minister of Power and Steel, Olu Agunloye.
The tribunal also considered Atiku’s role in a July 2002 Nigerian government delegation to Beijing, during which Adesanya was among the participants and a memorandum of understanding involving the Mambilla project was signed with Chinese state-owned NCPEC.
The tribunal also examined a $1.74 million payment made to Abubakar Dasuki, son of former National Security Adviser Sambo Dasuki.
According to the findings, the payment was described as a loan, but the tribunal said the explanation was not adequately substantiated.
It pointed to inconsistencies in the evidence, the absence of a loan agreement and a lack of records showing how the transaction was accounted for by Sunrise Power, describing the circumstances as raising “considerable red flags.”
Former Power and Steel Minister Olu Agunloye was also linked to payments which he reportedly described as medical expenses.
According to the report, Agunloye is already standing trial over charges connected to the Mambilla project, including allegations relating to forgery, gratification and disobedience to presidential directives.
Former Solicitor-General Abdullahi Yola and former Permanent Secretary Dere Awosika were also mentioned in connection with alleged bribery and controversial payments examined by the tribunal.
Former AGF Abubakar Malami featured prominently in the tribunal’s findings concerning the Mambilla dispute.
The tribunal criticised Malami’s handling of settlement discussions with Adesanya and questioned his relationship with the Sunrise promoter. Separate reporting on the award says the tribunal found that Malami acted against Nigeria’s interests in connection with the settlement negotiations.
Malami is also facing a separate EFCC case in which the commission has accused him, his wife and son of conspiring to conceal, disguise and retain about N8.7 billion allegedly linked to unlawful activities. Those allegations remain subject to judicial proceedings.
Denials, EFCC Invitations and Caveats
Atiku has rejected suggestions that the ICC proceedings indicted him for corruption.
His spokesperson argued that the commercial arbitration did not amount to a criminal verdict against the former vice president. The spokesperson challenged those making the allegations to identify where the tribunal found that Atiku received a bribe, abused his office or participated in a corrupt conspiracy.
The distinction is significant: the tribunal’s findings concerned the evidence and transactions presented in the commercial arbitration, while any criminal liability would have to be established through the appropriate Nigerian legal process.
Sources cited by Premium Times said the EFCC could invite Atiku and his former wife, Jennifer Douglas, for questioning in the coming days or weeks.
An EFCC official reportedly confirmed knowledge of the new investigative development, although spokesperson Dele Oyewale said he had not been fully briefed on the details at the time of the report.
The investigation is expected to examine the transactions and relationships identified in the ICC award and determine whether any Nigerian laws were breached.
The ICC ruling itself was a commercial arbitration decision and did not constitute a criminal conviction of the individuals whose names appeared in the proceedings.
The ICC ruling was a commercial arbitration decision rather than a criminal proceeding, and it did not convict any of the individuals named in the award.
Editor’s note: The allegations concerning the named individuals should not be presented as established criminal guilt. The ICC award was a commercial arbitration ruling, while any criminal liability arising from the transactions would have to be established through separate legal proceedings.