Former Presidents Olusegun Obasanjo and Muhammadu Buhari have told the International Chamber of Commerce Court of Arbitration in Paris, France that at no time did the Federal Government awarded a contract in respect of the $6 billion Mambila Power Project in Taraba State to Sunrise Power.
Testifying for Nigeria in the $2.3 billion arbitration case filed by the company and its founder, Chief Leno Adesanya, against Nigeria over an alleged breach of contract by the Federal Government, Obasanjo and Buhari disputed the complainants’ claims.
Sunrise Power had said the compensation it demanded was meant to defray what it has spent on financial and legal consultants.
But Obasanjo and Buhari urged the court to ignore the purported 2003 agreement which Adesanya and his firm based their arguments on, because the document was invalid.
They said Sunrise got the purported letter, signed by a former Minister of Power, Dr Olu Agunloye, about 24 hours after the Federal Executive Council rejected the award of contract to the firm.
Agunloye is currently standing trial in Abuja for forgery, disobedience of a presidential order and corruption in respect of the power plant project.
His prosecutor, the Economic and Financial Crimes Commission, EFCC, accused him of awarding a contract entitled ‘Construction of 3,960MW Mambilla Hydroelectric Power Station on Build, Operate and Transfer Basis’ to Sunrise Power and Transmission Company Limited without budgetary provision, approval or cash backing.
The former minister claimed yesterday that government was merely trying to use him as a scapegoat to “portray systemic corruption to the arbitration panel and undermine Sunrise’s claims.”
The testimonies of the former Presidents at the Arbitration Court were corroborated by the Justice Minister and Attorney-General of the Federation, Lateef Fagbemi, SAN, his immediate predecessor, Mallam Abubakar Malami, SAN, a former Minister of Power, Babatunde Raji Fashola, SAN, and a former Minister of Water Resources, Engr. Suleiman Adamu.
CompassNG findings showed that another former Minister of Justice and Attorney-General of the Federation, Mr. Mike Aondoakaa, SAN, made a brief appearance in Paris, but did not testify at the hearing.
It was unclear if Aondoakaa, who served during the administration of the late President Umaru Yar’Adua, was in Paris for the government or Sunrise Power.
Neither Sunrise Power nor Leno Adesanya had produced any witness as at press time last night.
A source at the proceedings revealed said Obasanjo and Buhari were at their best to “defend the interest of Nigeria.”
He said, “It is very important for the nation’s case that the Minister of Justice and Attorney-General of the Federation, Fagbemi, was successful in bringing two former Presidents – Chief Olusegun Obasanjo and Muhammadu Buhari – to testify at the hearing.
“By this action, the government of Nigeria has 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 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.
“It was by and large a great showing, consolidated by the equally outstanding testimonies of former ministers, Engineer Adamu, formerly of Water Resources, and Fashola, of Power.”
The Arbitration Court in France had a week-long hearing from 18th to 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.
