A former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, has welcomed Nigeria's victory in the Mambilla Hydroelectric Power Project arbitration while rejecting allegations of a corrupt arrangement with Sunrise Power promoter, Leno Adesanya. The International Chamber of Commerce arbitration tribunal's final award, delivered in Paris on September 16, 2026, rejected Sunrise's claims connected with the Mambilla project and ordered the company and Adesanya to reimburse Nigeria for a substantial portion of its legal costs.
The ICC tribunal's award made adverse findings concerning Malami's handling of a settlement agreement with Sunrise, including an alleged corrupt arrangement involving him and Adesanya. In response, Malami stated that the proceedings were commercial arbitration and not a criminal trial, stressing that the award should not be presented as a criminal conviction. He acknowledged the seriousness of the findings and suggested that they should be examined against the complete documentary and evidentiary record.
Malami provided historical context to the controversy, arguing that the dispute surrounding Sunrise and the Mambilla project began years before he became Attorney-General. Sunrise became involved in the proposed project in 2003, while successive administrations and Attorneys-General dealt with contractual disputes involving the company. Former AGF Michael Aondoakaa had reviewed the dispute before Malami's tenure and recommended an amicable resolution.
Malami's involvement in the dispute followed governmental and presidential processes, including a directive communicated by the then Chief of Staff to President Muhammadu Buhari in April 2016. The Ministry of Justice's role was primarily to advise the Federal Government on its legal exposure and possible ways of resolving the dispute. By 2019, the unresolved Sunrise dispute was considered an impediment to financing discussions concerning the Mambilla project.
During negotiations in London in November 2019, Sunrise initially demanded $500m as a full and final settlement, while Federal Government representatives countered with $100m before a $200m figure emerged. Malami explained that the governmental calculation was whether an asserted multibillion-dollar exposure, continuing litigation, financing difficulties, and delays to the Mambilla project could be brought to an end through a substantially smaller negotiated settlement.
Malami stressed that former President Buhari ultimately did not approve the proposed $200m settlement, indicating on April 20, 2020, that the Federal Government did not have $200m to pay Sunrise. A subsequent request for presidential approval in January 2021 was also rejected, with Buhari writing, "Not approved." Malami instructed Federal Government lawyers to resist Sunrise's attempt to enforce the settlement after the President declined to pay.
Malami denied any suggestion that his official actions were undertaken pursuant to a corrupt agreement or in exchange for personal financial benefit. The allegation should be tested against the complete evidentiary record, including whether Malami ever received money or another financial benefit from Sunrise, Adesanya, or any connected entity. Nigeria secured the outcome it sought in the arbitration, with the tribunal rejecting Sunrise's claims and ordering the company and Adesanya to reimburse Nigeria for legal costs.
Key points
- The ICC tribunal rejected Sunrise's claims connected with the Mambilla project and ordered the company and Adesanya to reimburse Nigeria for a substantial portion of its legal costs.
- Malami denied allegations of a corrupt arrangement with Sunrise Power promoter, Leno Adesanya.
- The dispute surrounding Sunrise and the Mambilla project began years before Malami became Attorney-General.
