Former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, has rejected allegations of corruption linked to the controversial Mambilla Hydroelectric Power Project settlement.
This was just as he insisted that he did not authorise or receive the $200 million settlement allegedly negotiated with Sunrise Power and Transmission Company Limited.
Malami, through his Special Assistant on Media, Mohammed Bello Doka, also stressed that the Mambilla dispute predated his tenure as Attorney-General and that his involvement followed directives and processes initiated by the Federal Government.
His reaction followed reports on a 616-page arbitral award arising from a dispute between Nigeria and Sunrise Power over the Mambilla project.
Malami, the governorship candidate of African Democratic Congress in Kebbi State, said the arbitration was a commercial proceeding and not a criminal trial, stressing that the tribunal’s findings should not be presented as a criminal conviction against him.
According to him, the Mambilla controversy dates back to 2003, years before he became Attorney-General, while his predecessor, Michael Aondoakaa, had already reviewed the dispute and recommended an amicable resolution.
He also pointed to a November 2012 General Project Execution Agreement involving Sunrise and Sinohydro, saying efforts to resolve the dispute had therefore commenced under previous administrations.
Malami said his involvement began after he assumed office and received a presidential directive in April 2016 concerning the outstanding disputes and competing interests surrounding the project.
He explained that the Federal Ministry of Justice’s role was principally legal, advising the government on its potential exposure and options for resolving the dispute, rather than executing the Mambilla project or awarding its underlying contracts.
On the disputed $200 million settlement, Malami said Sunrise had initially demanded $500 million in November 2019 as full and final settlement, while Federal Government representatives countered with $100 million before $200 million emerged during negotiations.
He said the settlement discussions were driven by concerns over Sunrise’s multibillion-dollar claims, prolonged litigation and the effect of the unresolved dispute on efforts to finance the Mambilla project.
Malami, however, emphasised that former President Muhammadu Buhari ultimately rejected the proposed $200 million payment.
He said Buhari indicated on April 20, 2020, that the Federal Government did not have the money to pay Sunrise, a position he communicated to the company two days later.
He added that a subsequent request for presidential approval in January 2021 was also rejected, with Buhari writing “Not approved.”
Malami further argued that his conduct after the rejection was significant, saying he instructed the Federal Government’s lawyers to resist Sunrise’s attempt to enforce the settlement terms against Nigeria after the company alleged that the government had defaulted.
On allegations that he entered into a corrupt arrangement with Sunrise promoter, Leno Adesanya, Malami denied receiving or agreeing to receive any financial benefit in connection with the dispute.
He said the allegation should be tested against the complete evidentiary record, noting that the settlement money was never paid to Sunrise.
The former minister also questioned the evidentiary significance of alleged audio or video recordings reportedly claimed by Adesanya but not presented before the tribunal.
Malami maintained that any allegation of criminal wrongdoing should be addressed through the appropriate legal process, stressing that an arbitral finding does not amount to a criminal conviction.
He also welcomed Nigeria’s successful defence of the arbitration, saying the outcome protected the country from substantial financial exposure.
The statement said the defence lawyers were engaged by Malami and that EFCC investigations undertaken to strengthen Nigeria’s case were also conducted on his instructions.
It urged journalists and commentators to distinguish between established facts, allegations and interpretations while examining the complete documentary record surrounding the Mambilla dispute.
His office added that a fuller response to the individual findings attributed to the tribunal would be issued after a detailed review of the complete arbitral award and accompanying records.
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