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Former presidents Muhammadu Buhari and Olusegun Obasanjo have defended Nigeria in the $2.3 billion arbitration proceedings filed against the country by Sunrise Power over an alleged breach of contract by the federal government at the International Chamber of Commerce (ICC) in Paris.

The parties in the case now await the court’s verdict.

The arbitration court in France had a week-long hearing, between 18th and 23rd January, in Paris on the ongoing dispute between Sunrise Company/Leno Adesanya and the government of Nigeria on the existence or absence of a contract for the construction of the Mambilla Power Project.

The Mambilla Hydroelectric Power Station is a proposed 3,050 MW hydroelectric power project.

Sunrise Power, which claimed to have been awarded a $6 billion contract to build, operate and transfer the power plant by the Obasanjo administration in May 2003, is in arbitration with Nigeria at the International Chamber of Commerce in Paris.

The company has alleged a breach of contract by the federal government and is seeking monetary compensation of $2.3 billion to cover what it had spent on financial and legal consultants.

Obasanjo, Buhari testify at tribunal

Credible sources spoke with our reporters on the appearance of two former presidents at the court last week.

One of the sources said both Obasanjo and Buhari maintained their stand that no contract was signed in the first instance. Hence, there was no basis for the claim of compensation by Sunrise over the $6bn Mambilla power contract deal.

Obasanjo, who testified before the ICC last Wednesday, had in an interview he granted TheCable in 2023, queried his former Minister of Power, Olu Agunloye, how he got the prerogative to award the contract to Sunrise in 2003.

Buhari, who also testified last Thursday, had earlier written to the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, denying authorising the settlement agreement of 2020.

The source said: “It is very important for the nation’s case that the Attorney-General and Minister of Justice, Lateef 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 sent a signal of its strong commitment to defending the nation’s interest.”

The source said both leaders – Obasanjo and Buhari – are known for speaking forthrightly and unequivocally, and this, they exhibited in Paris.

The source further explained that 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 using fraud, deceit and lies to scoop USD660,000 settlement from Nigeria in the first instance, for the alleged violation of a 2003 contract for which there is no valid approval.

According to the source, “It is evident from the proceedings that the case of the litigants was rooted in a purported 2003 agreement. The 2003 contract was established not to have been validly in existence. This is worsened by the fact that the litigants failed to produce their major witnesses.”

Key witnesses missing as Leno makes appearance

Another trusted source confirmed to the Daily Trust that Barrister Michael Andoakaa, the Yar’adua-era Minister of Justice and Attorney General made a brief appearance in Paris. He did not show up at the hearing.

Similarly, the much-touted appearance of a one-time Minister of Power, Agunloye, did not also materialise. He was the one who allegedly signed a side letter communicating the approval of the contract 24 hours after its rejection by the Federal Executive Council (FEC) which meeting was presided over by Obasanjo.

A third “key witness”, a Senegalese woman, did not also appear at the hearing.

The source, who closely monitored the proceedings also said, “Another major setback suffered by the litigants was their over-reliance on an earlier witness statement deposed to by Abubakar Malami, Minister of Justice and Attorney General under President Buhari.

“Malami, on whose testimony the litigants made heavy weather was not fielded as a witness, but ended up lining behind his former boss, President Buhari, to support and prepare him well for his (Buhari’s) testimony.

“It was by and large a great showing, consolidated by the equally outstanding testimonies of former ministers, Engineer Sulaiman Adamu, formerly Water Resources and Babatunde Raji Fashola, Power.”

However, Leno Adesanya was before the panel on Tuesday. He, like all the others, was led by a counsel.

Whereabouts of Dr Olu Agunloye

The Daily Trust findings revealed that Olu Agunloye is presently in his house because he had been granted administrative bail by the Economic and Financial Crimes Commission (EFCC).

He is being tried at the Federal High Court, FCT, sitting in Apo, Abuja and therefore not in Paris, France.

When our reporter spoke to the EFCC Head of Media and Publicity, Dele Oyewale, on whether Agunloye would testify at Paris, France, he said they didn’t know because they were not concerned about the matter, and as such it wouldn’t affect the ongoing case in Nigeria.