The International Chamber of Commerce (ICC) Tribunal has concluded that former Attorney-General Abubakar Malami attempted to mislead President Muhammadu Buhari and engaged in corrupt dealings with Leno Adesanya, the promoter of Sunrise Power and Transmission Company, regarding the Mambilla hydropower project. In its final award, the Tribunal rejected Sunrise’s claims against Nigeria, which included a demand for $680 million as a settlement sum plus interest, linked to a broader arbitration seeking over $2.7 billion.
Central to the Tribunal’s findings was a Settlement Agreement signed on 2 January 2020, under which Nigeria was to pay $200 million. Just nine weeks later, an Addendum introduced a further $200 million default penalty, doubling the potential liability to $400 million. The Tribunal found this timing highly suspicious, particularly given testimony from Adesanya alleging that Malami solicited a bribe during negotiations after the initial settlement was signed.
Adesanya testified that Malami and former Power Minister Saleh Mamman indicated Nigeria would pay only half the $200 million upfront, with the balance released after he did “what is needed”. He claimed to possess audio and video recordings of the solicitation but withheld them from the Tribunal. The Tribunal concluded that a corrupt deal was reached between Adesanya and Malami, rendering the settlement agreement and addendum products of corruption.
The Tribunal also found that Malami failed to provide Buhari with accurate information and persisted in pushing the settlement despite repeated presidential rejections, including handwritten notes marking the deal “not approved”. Malami did not appear before the Tribunal to give evidence, and the Tribunal determined he acted against Nigeria’s interests, motivated by other incentives.
Consequently, the Tribunal ruled the agreements unenforceable due to both lack of presidential approval and corruption, rejecting Sunrise’s $400 million claim and ordering the company and Adesanya to reimburse Nigeria $11.8 million in legal fees.