ICC tribunal exposes how Malami attempted to mislead Buhari, struck corrupt pact with Adesanya in Mambilla deal

An International Chamber of Commerce tribunal has found that former Attorney-General Abubakar Malami entered a corrupt arrangement with Sunrise Power promoter Leno Adesanya over the Mambilla Hydroelectric Power Project.

According to Premium Times, the tribunal’s final award said Malami repeatedly sought to persuade former President Muhammadu Buhari to approve a settlement with Sunrise despite Buhari withholding approval.

The dispute involved a January 2020 settlement requiring Nigeria to pay $200 million. An addendum signed nine weeks later introduced another $200 million default sanction, potentially raising Nigeria’s liability to $400 million.

The tribunal considered testimony from Adesanya alleging that Malami and former Power Minister Saleh Mamman solicited a bribe after the settlement was signed. Adesanya said he possessed audio and video recordings, but the tribunal noted that the recordings were withheld.

The tribunal concluded that a corrupt deal existed between Malami and Adesanya, rendering the settlement agreement and its addendum products of corruption and unenforceable under Nigerian public policy.

It also found that Malami failed to provide Buhari with correct information while seeking approval for the agreements. Buhari rejected the proposed settlement on multiple occasions, including through a handwritten “not approved” instruction in January 2021.

Malami did not appear before the tribunal to give evidence. The tribunal said he acted against Nigeria’s interests and was “motivated by other incentive(s).”

The ICC rejected Sunrise’s claims against Nigeria, including its demand for $400 million under the settlement and default provisions, and ordered Sunrise and Adesanya to reimburse Nigeria for legal costs.

Sunrise promoter Adesanya said Friday that his lawyers were reviewing the arbitration decision and would consider available legal options.