Former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, has rejected findings by an International Chamber of Commerce arbitration tribunal concerning his role in the controversial settlement agreement between the Federal Government and Sunrise Power and Transmission Company Limited over the Mambilla Hydroelectric Power Project.
Malami, however, welcomed Nigeria’s victory in the arbitration, which saw the tribunal reject claims by Sunrise relating to the long-running Mambilla project dispute.
His position was contained in a statement issued on Tuesday by his Special Assistant on Media, Mohammed Doka, following the release of the tribunal’s 616-page final award delivered in Paris on September 16, 2026.
The arbitration arose from disputes surrounding the proposed Mambilla hydroelectric project in Taraba State, with Sunrise seeking hundreds of millions of dollars in connection with a settlement agreement and a separate claim exceeding $2.7bn.
The tribunal rejected Sunrise’s claims and ordered the company and its promoter, Leno Adesanya, to reimburse Nigeria for a substantial portion of its legal costs. The tribunal also rejected Sunrise’s demand for $400m arising from a 2020 settlement agreement and an alleged default payment.
However, the tribunal made adverse findings concerning Malami’s handling of the settlement agreement.
According to reports on the award, the tribunal concluded that a corrupt arrangement existed between Malami and Adesanya in relation to the settlement agreement. It also criticised Malami’s conduct and said he had acted against Nigeria’s interests in his dealings concerning the agreement.
Malami rejected the characterisation of the findings as establishing criminal guilt.
He argued that the proceedings before the ICC were commercial arbitration proceedings between parties to a dispute and not a criminal prosecution.
“The proceedings were commercial arbitration proceedings between parties to a dispute. They were not a criminal prosecution of Abubakar Malami, SAN, and the award does not constitute a criminal conviction of him,” his statement said.
The former AGF nevertheless acknowledged the seriousness of the tribunal’s findings and said they should be examined against the complete documentary and evidentiary record.
He specifically denied entering into any corrupt arrangement with Adesanya or taking any financial benefit in connection with the matter.
Malami said his involvement in the Mambilla dispute should also be viewed within its historical context, arguing that the controversy involving Sunrise began years before he became Attorney-General.
According to him, Sunrise became involved in the proposed project in 2003, while successive administrations and Attorneys-General subsequently dealt with contractual and legal disputes involving the company.
He said he inherited the dispute and became involved as part of the Federal Government’s efforts to resolve the matter and remove obstacles to the financing and development of the Mambilla project.
Malami said negotiations eventually resulted in a proposed $200m settlement, but maintained that former President Muhammadu Buhari did not approve the agreement.
He further stated that when Sunrise later sought to enforce the settlement, he instructed Federal Government lawyers to resist the attempt and preserve Nigeria’s legal position.
The tribunal, however, reached a different assessment of Malami’s conduct. Reports on the award said it found evidence of extensive communications between Malami and Adesanya, including WhatsApp exchanges, during the period when Sunrise and Nigeria were opposing parties in arbitration proceedings.
The tribunal also considered allegations by Adesanya that he possessed audio and video recordings relating to conversations with Malami. The recordings were not produced before the tribunal.
Malami said the existence, authenticity and contents of any such recordings were matters that should be assessed as part of the complete evidentiary record.
The tribunal nevertheless relied on other evidence in reaching its conclusions concerning the alleged corrupt arrangement.
The former AGF said he was pleased that Nigeria had ultimately avoided the financial liabilities sought by Sunrise.
The Federal Government has described the arbitration outcome as significant because the dispute had been associated with the long-delayed Mambilla project.
President Bola Tinubu welcomed the tribunal’s decision, saying it removed a major legal obstacle to the project and commending the Ministry of Justice, Nigeria’s legal defence team and other witnesses involved in the proceedings.
Meanwhile, reports indicate that the Economic and Financial Crimes Commission has established a team to examine individuals and issues mentioned in the ICC ruling. The reported investigation follows the tribunal’s findings and is separate from the commercial arbitration proceedings.
Malami said he would provide a more comprehensive response to the tribunal’s individual findings after reviewing the complete award and accompanying records.
The former AGF maintained that Nigeria’s financial interests had been protected by the outcome, while rejecting the allegations concerning his conduct as presented in reports of the tribunal’s findings.
