The Human Rights Writers Association of Nigeria (HURIWA) has commended the Attorney-General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, and the Economic and Financial Crimes Commission (EFCC) for their efforts to protect Nigeria from potentially crippling financial liabilities. HURIWA praised their role in the recent International Chamber of Commerce (ICC) arbitration award concerning the long-running Mambilla hydropower dispute. The award, delivered in Paris on September 16, 2026, rejected Sunrise Power’s claims in their entirety.
The ICC arbitration award, which spans 616 pages, severely criticized the handling of the dispute by former Attorney-General of the Federation and Minister of Justice, Abubakar Malami. HURIWA's National Coordinator, Comrade Emmanuel Nnadozie Onwubiko, stated that the tribunal found the settlement agreements involving Sunrise to be products of corruption and unenforceable on grounds of Nigerian public policy. The tribunal also concluded that Malami acted against Nigeria’s interests in the renegotiation of the settlement terms.
The tribunal further found that Malami and former Minister of Power, Saleh Mamman, lacked the authority to bind the Federal Government without presidential approval. Additionally, it was discovered that the former Attorney-General continued seeking presidential approval after then-President Muhammadu Buhari had expressly rejected the proposed settlement. HURIWA considers these findings grave enough to demand institutional scrutiny beyond the arbitration proceedings.
HURIWA has called on the relevant professional and regulatory authorities to examine the findings contained in the ICC award and determine whether they disclose any breach of professional conduct by the former Attorney-General. The organization urged the Legal Practitioners Disciplinary Committee (LPDC) and other competent professional bodies to examine the matter within their statutory mandates and initiate appropriate disciplinary proceedings if the evidence establishes a prima facie case of professional misconduct.
The ICC tribunal noted that Nigeria had informed it that Malami was under investigation by the EFCC at the time he declined to appear for oral examination. HURIWA urged the EFCC to pursue any investigation involving the former AGF strictly in accordance with the law, due process, and the available evidence, without political interference or selective enforcement. The organization commended the present Attorney-General of the Federation for defending the financial interests of Nigeria.
The Mambilla dispute involved significant financial claims, with Sunrise seeking $400 million under the settlement arrangement and its original arbitration claim reportedly worth more than $2.3 billion. However, the tribunal ultimately rejected the claims and ordered Sunrise and its promoter, Leno Adesanya, to reimburse Nigeria more than $12 million in legal fees and arbitration costs. HURIWA hailed this outcome as a significant victory for Nigeria.
HURIWA emphasized that no professional distinction, however prestigious, should place any lawyer beyond accountability where credible findings raise questions about adherence to professional ethics and the duty owed to the Nigerian state. The organization stressed the importance of upholding the rule of law and ensuring that those in positions of authority are held accountable for their actions.
Key points
- The ICC arbitration award rejected Sunrise Power’s claims in the Mambilla hydropower dispute.
- The tribunal criticized former Attorney-General Abubakar Malami for handling the dispute.
- HURIWA called for institutional scrutiny and potential disciplinary proceedings against Malami.
