The Economic and Financial Crimes Commission (EFCC) has reportedly constituted a special investigation team to examine individuals named in an International Chamber of Commerce (ICC) arbitration ruling concerning the controversial Mambilla Hydroelectric Power Project in Taraba State.
The investigation is reportedly being supervised by EFCC Chairman Olanipekun Olukoyede following the tribunal’s recent decision in a dispute involving Sunrise Power and Transmission Company Limited and the Federal Government of Nigeria.
The ICC tribunal, sitting in Paris, rejected Sunrise Power’s claim against Nigeria and ordered the company and its promoter, Leno Adesanya, to reimburse the Nigerian government for 75 per cent of its legal costs, reported at about $11.8 million.
The tribunal also affirmed its jurisdiction over Nigeria’s counterclaim against Adesanya and his company.
Several former government officials and individuals were mentioned during the proceedings, including former Vice President Atiku Abubakar, his former wife Jennifer Douglas, former Attorney-General of the Federation Abubakar Malami, former Minister of Power and Steel Olu Agunloye and former National Security Adviser Sambo Dasuki.
The tribunal examined a $500,000 payment made by Adesanya in January 2003 to an account belonging to Douglas, who was then married to Atiku.
Adesanya reportedly described the payment as part of a foreign-exchange transaction conducted on Atiku’s behalf. However, the tribunal said it found insufficient documentary evidence to support that explanation and described the circumstances surrounding the transaction as raising significant concerns.
The timing of the payment also came under scrutiny because it occurred several months before a Build-Operate-Transfer contract connected to the Mambilla project was purportedly awarded to Sunrise Power.
The tribunal noted Atiku’s involvement in government discussions surrounding the project at the time, including his role in leading a Nigerian delegation to China in 2002 where discussions involving the Mambilla project took place.
However, Atiku has rejected suggestions that the arbitration ruling indicted him for corruption. His spokesperson, Phrank Shaibu, argued that the commercial arbitration did not convict or indict the former vice president.
Atiku has also challenged the APC and others to identify any specific portion of the tribunal’s final award where he was found to have received a bribe, influenced the contract award or abused his office.
Meanwhile, sources cited in reports said Atiku and Douglas could be invited by the EFCC for questioning as the investigation progresses. The EFCC spokesperson, Dele Oyewale, confirmed awareness of the reported development but said he had not been fully briefed on the details at the time of reporting.
Former AGF Malami was also criticised in the tribunal proceedings over his dealings with Adesanya. He is separately facing an EFCC case relating to allegations involving proceeds of unlawful activities, according to the reports.
The Mambilla project has remained the subject of legal and political controversy for more than two decades. The latest EFCC investigation could further intensify scrutiny of the roles played by public officials and private individuals connected to the project.
The commission’s investigation is expected to establish whether any criminal offences were committed and determine the roles, if any, of the individuals named in connection with the transactions examined by the tribunal.
