Former Presidents Olusegun Obasanjo and Muhammadu Buhari have testified before the International Chamber of Commerce (ICC) Court of Arbitration in Paris, disputing claims made by Sunrise Power and Transmission Company over the $6 billion Mambilla Hydropower Project in Taraba State.
The arbitration stems from Sunrise’s $2.3 billion compensation claim for alleged breach of a purported 2003 contract with the Federal Government.
Sunrise, founded by Chief Leno Adesanya, argues the compensation reflects expenses incurred on financial and legal consultancy. However, both ex-presidents testified that the contract in question was never validly awarded.
A source at the proceedings said Obasanjo and Buhari were at their best to “defend the interest of Nigeria.”
“It is very important for nation’s case that the Minister of Justice and Attorney-General of the Federation, Lateef Fagbemi, was successful in bringing two former presidents – Chief Olusegun Obasanjo and Muhammadu Buhari to testify at the hearing,” the source added.
“By this action, the government of Nigeria sent a signal of its strong commitment to defending the nation’s interest.
“Both leaders-Obasanjo and Buhari-are known for speaking forthrightly and unequivocally, and this they were said to have exhibited in Paris.
“To the delight of the international team of lawyers representing Nigeria, the two past presidents did extremely well, exposing the Sunrise/Leno’s claim for what it is: an attempt at using fraud, deceit and lies to scoop settlement from Nigeria in the first instance, for the alleged violation of a 2003 contract for which there is no valid approval.”
The source branded Nigeria’s witnesses as “Team Nigeria” and united.
“It was by and large a great showing, consolidated by the equally outstanding testimonies of former ministers Engineer Sulaiman Adamu, formerly of Water Resources, and Babatunde Raji Fashola, Power.
“The Arbitration Court in France had a week-long hearing 18th-23rd January in Paris on the ongoing dispute between Sunrise Company/Leno Adesanya and the government of Nigeria on the existence or the absence of a contract for the construction of the Mambilla Power Project.
“Although it is up to the chairman and other members of the tribunal to decide on who is right and who is wrong, it can be said at this point that Nigeria had a very good outing on the basis of certain facts that have emerged from Paris.”
Obasanjo and Buhari also dismissed Sunrise’s reliance on a letter allegedly signed in 2003 by then-Minister of Power, Dr. Olu Agunloye. They argued the letter was issued 24 hours after the Federal Executive Council (FEC) rejected the firm’s contract proposal.
Dr. Agunloye is currently on trial in Abuja for forgery, disobedience to a presidential directive, and corruption related to the project. The Economic and Financial Crimes Commission (EFCC) accuses him of unilaterally awarding the contract without necessary approvals or budgetary provisions.
In his defence, Agunloye claims he is being scapegoated to undermine Sunrise’s case, alleging personal conflicts between Obasanjo and other political figures, including former Vice President Atiku Abubakar and Sunrise’s founder, Leno Adesanya.
Sunrise’s failure to produce key witnesses further weakened its case. Agunloye, who allegedly signed the contested letter, did not testify, nor did a Senegalese national touted as a vital witness.
Obasanjo, speaking to Premium Times, had said he volunteered to testify to counter what he called “atrocious” claims. “I decided to testify because of the statement made on the matter by Olu Agunloye. I considered his claims atrocious and thought it necessary to set the records straight,” he said.
The ICC hearing, which ran from January 18 to 23, will determine the validity of the 2003 contract and whether Nigeria is liable for the $2.3 billion compensation sought by Sunrise. Meanwhile, Buhari returned to Nigeria on Friday following his testimony in Paris.
As the arbitration continues, Agunloye faces separate legal challenges, with an amended seven-count corruption charge filed against him in Abuja. The charges include allegations of forgery and disobedience of a presidential directive concerning the Mambilla project. Agunloye, however, has denied the charges.
(NATION)
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