Former Presidents Olusegun Obasanjo and Muhammadu Buhari have testified before the International Chamber of Commerce Court of Arbitration in Paris, France, denying claims that the Federal Government awarded a $6 billion contract for the Mambilla Power Project in Taraba State to Sunrise Power and Transmission Company Limited.
The arbitration case was initiated by Sunrise Power and its founder, Leno Adesanya, who are demanding $2.3 billion in compensation over an alleged breach of contract by the Federal Government.
In their testimonies, OsunDailyNG understands that Obasanjo and Buhari argued that the alleged 2003 agreement between the Federal Government and Sunrise Power is invalid.
They maintained that Sunrise obtained a letter of award, signed by a former Minister of Power, Dr. Olu Agunloye, just 24 hours after the Federal Executive Council (FEC) rejected the company’s proposal.
The former presidents urged the arbitration court to disregard the document, asserting it was not a legitimate government contract.
Agunloye, who served as Minister of Power during Obasanjo’s administration, is currently facing trial in Abuja on charges of forgery, disobedience of a presidential directive, and corruption concerning the Mambilla project.
The Economic and Financial Crimes Commission (EFCC) accused Agunloye of awarding a contract for the construction of the 3,960MW Mambilla Hydroelectric Power Station to Sunrise Power without budgetary provision, approval, or cash backing.
Agunloye has dismissed the allegations, claiming the government is using him as a scapegoat to discredit Sunrise’s case before the arbitration panel.
Corroborated Testimonies
The former presidents’ testimonies were supported by current Justice Minister and Attorney-General of the Federation, Lateef Fagbemi (SAN), former Justice Minister Mallam Abubakar Malami (SAN), former Power Minister Babatunde Raji Fashola (SAN), and former Water Resources Minister Engr. Suleiman Adamu.
Reports also indicated that former Justice Minister Mike Aondoakaa (SAN) was briefly present in Paris, although it was unclear whether he appeared for the Federal Government or Sunrise Power.
As of Thursday evening, Sunrise Power and its founder, Leno Adesanya, had yet to produce any witnesses at the arbitration hearing.
A source at the proceedings who spoke with TheNation said Obasanjo and Buhari were at their best to “defend the interest of Nigeria.”
The source added, “It is very important for nation’s case that the Minister of Justice and Attorney-General of the Federation, 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.
“Both leaders-Obasanjo and Buhari-are known for speaking forthrightly and unequivocally, and this they were said to have 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.”
The source branded Nigeria’s witnesses as “Team Nigeria” and united.
According to the source, “It was by and large a great showing, consolidated by the equally outstanding testimonies of former ministers Engineer Sulaiman Adamu, formerly of Water Resources, and Babatunde Raji Fashola, Power.
“The Arbitration Court in France had a week-long hearing 18th-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.
“Although it is up to the chairman and other members of the tribunal to decide on who is right and who is wrong, it can be said at this point that Nigeria had a very good outing on the basis of certain facts that have emerged from Paris.”
The source said Sunrise and Leno Adesanya had not been able to produce any major witness.
The source added: “It is evident from the proceedings that the case of the complainants 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 complainants failed to produce their major witnesses.
“The much-touted appearance of a one-time Minister of Power, Dr. Olu Agunloye, did not also materialise. He was the one who allegedly signed a 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 lady, did not also appear at the hearing.
“So who spoke for Sunrise/Leno Adesanya?
“He did everything for and by himself.
“Another major setback suffered by the complainants 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 complainants made heavy weather, ended up lining up behind his former boss, President Buhari, to support and prepare him well for his (Buhari’s) testimony.
The source said, “This strategy had the dual benefits of ensuring Buhari’s successful testimony and at the same time pulling the rug from under Leno Adesanya’s feet.”
