EXCLUSIVE: EFCC sets up team to investigate Atiku, Malami, others named in ICC ruling on Mambilla deal - Premium Times Nigeria

The Economic and Financial Crimes Commission (EFCC) has set up a team to investigate individuals named in alleged shady deals in the Mambilla Power Project, involving Leno Adesanya, the promoter of Sunrise Power and Transmission Company Ltd (Sunrise), PREMIUM TIMES can report.

Insiders familiar with the matter told PREMIUM TIMES on Sunday that the new team is being supervised by the Chairman of the commission, Olanipekun Olukoyede, a development PREMIUM TIMES’ sources described as a confirmation of the significance of the task.

The move follows an award issued in favour of Nigeria on Thursday by an International Arbitration Tribunal under the auspices of the International Chamber of Commerce (ICC) in Paris, which rejected the claims in the arbitration instituted by Sunrise Power and Transmission Company Ltd (Sunrise).

The company had made a claim against the Federal Republic of Nigeria, demanding $680 million as a settlement sum and interest in respect of another arbitration in which it is claiming over $2.7 billion in compensation and interest.

The claim relates to disputes associated with the development of the 3,960 MW Mambila Hydroelectric Power Project in Taraba State.

The tribunal, in its verdict on Thursday, directed Sunrise and its promoter to refund Nigeria’s legal fees of $11.8 million. It also rejected Sunrise’s claim for an order that Nigeria should pay the company $400 million in satisfaction of the settlement sum of $200 million and the default sum of $200 million.

The tribunal insisted that Mr Adesanya, the promoter of Sunrise, is bound by the arbitration agreement with Nigeria pursuant to the settlement agreement, adding that it has jurisdiction over Nigeria’s counterclaim against him and his firm.

In his reaction Thursday evening, President Bola Tinubu said the tribunal award affirms the Nigerian State’s determination not to succumb to predatory and exploitative claims by corrupt local and international entities and their enablers and funders.

PREMIUM TIMES’ review of the tribunal’s award showed that many Nigerian politicians and individuals who held public offices were named as associates or officials who had dealings with Mr Adesanya, some in circumstances the tribunal considered shady, corrupt and questionable.

The officials include Atiku Abubakar, his then-wife Jennifer Douglas, Abubakar Malami, Olu Agunloye, Sambo Dasuki, his son Abubakar Dasuki, Abdullahi Yola, and Dere Awosika.

Mr Malami, a former Attorney-General of the Federation (AGF), was severely criticised by the tribunal for acting against Nigeria’s national interest, maintaining an “inappropriate relationship” with Mr Adesanya, and entering into a corrupt deal. Already, Mr Malami is facing trial after the EFCC accused him, his wife, and son of conspiring to conceal, disguise and retain about N8.7 billion proceeds of unlawful activities.

Atiku, former vice president of Nigeria, was named by the tribunal in its review of a $500,000 payment made by Mr Adesanya on 30 January 2003 from the Swiss bank account of his offshore company, China Castle Investments Ltd, to a US bank account belonging to Ms Douglas, Atiku’s ex-wife.

The payment was made less than four months before the Mambilla BOT contract was purportedly awarded to Sunrise by then Minister of Power and Steel, Olu Agunloye. Mr Adesanya told the tribunal that the money was part of a foreign-exchange transaction carried out for Atiku through his bureau de change business.

But the tribunal said that the explanation was not supported by documentary evidence. It said Mr Adesanya did not produce records showing the underlying naira payment, the exchange rate applied, instructions from Atiku or his aides, correspondence concerning the transaction or documentation establishing its commercial purpose.

The tribunal also noted that neither Atiku nor Ms Douglas provided a witness statement or declaration supporting the explanation. The tribunal said Mr Adesanya’s relationship with Atiku, his efforts to secure the Mambilla project for Sunrise and the timing of the payment were relevant to its assessment.

It noted that Atiku had led a Nigerian government delegation to Beijing in July 2002, which included Mr Adesanya, during which the Nigerian government and the Chinese state-owned NCPEC signed a memorandum of understanding covering, among other projects, the Mambilla project.

Against that background, the tribunal said the circumstances raised “significant red flags” concerning the alleged payment, possible use of Atiku’s influence and the subsequent award of the contract.

Atiku has denied being indicted by the tribunal and said he was not responsible for awarding the contract, but failed to address other concerns raised in the verdict.

Mr Agunloye, a former minister of Power and Steel, was tied to payments he claimed he received as part of “medical expenses”. He is already being tried on seven counts of forgery, receiving gratification, and disobedience to presidential directives in relation to the power project.

For Sambo Dasuki, a former National Security Adviser (NSA), the tribunal questioned a $1.74 million payment made by Sunrise Power promoter to Abubakar Dasuki, his son, adding that the transaction raised “considerable red flags.”

The tribunal said Mr Adesanya failed to substantiate his claim that the December 2014 payment was a loan, citing inconsistencies in his evidence, the absence of a loan agreement and the lack of records showing how the transaction was accounted for by Sunrise.

A former Solicitor-General of the Federation, Abdullahi Yola, and a former Permanent Secretary in the Ministry of Power, Dere Awosika, were also named among those involved in alleged bribery and the receipt of controversial payments.

Sources who spoke to PREMIUM TIMES on Sunday said Atiku and his ex-wife, Douglas, may be invited by the EFCC for questioning in the coming days or weeks.

Earlier on Friday, the All Progressives Congress (APC) Presidential Campaign Council accused the former vice president of compromising Nigeria’s interests in the Mambilla project and called on him to withdraw from the 2027 presidential race.

But Atiku’s Senior Special Assistant on Public Communication, Phrank Shaibu, dismissed the call and challenged the APC to produce the portion of the tribunal’s final award in which Atiku was found to have received a bribe, abused his office, influenced the award of the contract to Sunrise Power, or participated in a corrupt conspiracy.

“A commercial arbitration did not indict Atiku, did not convict Atiku and cannot be transformed into a criminal verdict by repetition,” Mr Shaibu said.

Mr Adesanya, the promoter of Sunrise, who is at the centre of the deal, is also expected to be investigated, according to sources familiar with the matter.

A top EFCC official confirmed the new development to PREMIUM TIMES on Sunday.

Dele Oyewale, the EFCC spokesperson, confirmed that he is aware of the development but has not been fully briefed about the details.

Oladeinde Olawoyin reports Business & Economy, Development and Lagos Metro at PREMIUM TIMES. A First Class graduate of Mass Communication from the University of Ilorin, Ilorin, he was nominated in the journalism category of The Future Awards Africa in 2017. Aside maintaining a column titled ‘SATURDAY SATIRE’, he also writes art and culture pieces on weekends. Twitter: @Ola_deinde